Lung Cancer Misdiagnosis Attorney

The Devastating Impact of a Lung Cancer Misdiagnosis 

If you or your loved one has lung cancer, an early diagnosis is critical. According to Mayo Clinic, once symptoms develop, it may be too late to cure the cancer. Consequently, a delayed or failed diagnosis can be a deadly mistake. 

Similarly, misdiagnosing this severe illness can lead to unnecessary treatments such as surgeries, chemotherapy, and radiation therapy. These treatments can have detrimental effects on the patient’s health. They can weaken the body and immune system, making it more challenging to fight against any actual medical condition that may be present. 

Cancer treatments also tend to be expensive. The financial and psychological burden can lead to anxiety and depression. 

Common Signs and Symptoms of Lung Cancer 

If you believe your doctor misdiagnosed you, seek out the opinion of another qualified health professional. Knowing the signs and symptoms of lung cancer can also help you decide whether to get a second opinion: 

• Chest Pain: Persistent chest pain that doesn’t go away with medication or rest could signal lung cancer. 

• Coughing: A chronic cough, especially if it produces blood or rust-colored mucus, should not be ignored. 

• Shortness of Breath: Lung tumors can block or narrow airways, making breathing difficult. 

Medical Negligence in Lung Cancer Diagnosis 

Negligent behavior may manifest in several different ways during a cancer misdiagnosis. Here are some of the most common ones we’ve encountered: 

• Failure to Order Necessary Tests: Doctors must order relevant tests to confirm or rule out a lung cancer diagnosis. Failure to do so can lead to a misdiagnosis. 

• Misinterpreting Test Results: Even if the doctor orders the proper tests, they may still fail to diagnose accurately by misinterpreting the results. 

• Ignoring Symptoms or Not Taking Them Seriously: Some doctors may dismiss symptoms as insignificant without thoroughly investigating them. 

• Delayed Referrals to Specialists: In some cases, a general practitioner may fail to refer a patient to a specialist for further testing or treatment, causing a delay in diagnosis and treatment. 

Why It’s Crucial to Get Legal Representation 

If you or a loved one has been misdiagnosed with lung cancer, seeking experienced legal representation is crucial. A New York lung cancer misdiagnosis lawyer can help you navigate the complex legal system and fight for your rights, including the right to significant compensation.  

An experienced lawyer, such as Thomas P. Giuffra or Edward Ruffo, can also assist with investigating your case, collecting evidence, and building a solid case. This may include reviewing medical records, consulting with expert witnesses, and negotiating with insurance companies. 

Choosing a lawyer with a track record of success is critical to maximizing your chances of a successful case. Our renowned medical malpractice attorneys have secured numerous seven-figure awards for our clients who have suffered due to a cancer misdiagnosis, including:   

• $4.194 million verdict for failure to diagnose lung cancer 

• $2.5 million settlement for cancer misdiagnosis 

• $1.6 million settlement for a doctor’s failure to diagnose lung cancer in a woman 

• $1.175 million for the estate of an elderly man who lost his battle with prostate cancer after an untimely diagnosis 

The Basic Legal Aspects of a Misdiagnosis Case 

Medical misdiagnosis cases are incredibly complex and require an understanding of law and medicine. Your attorney may work closely with other medical professionals who may also serve as expert witnesses. 

Here are some additional considerations: 

• Statute of Limitations: According to NY Courts, medical malpractice victims have 2 years and 6 months from the date of the incident or end of treatment to file a claim. Consult with a lawyer as soon as possible to meet this deadline. 

• Proving Negligence: In a medical malpractice case, your attorney must prove that the healthcare provider failed to provide the standard of care expected in their field. 

• Damages: The extent of harm caused by the misdiagnosis will also be considered when determining compensation for damages. Examples include medical expenses, lost wages, and pain and suffering. 

What Happens When You File a Misdiagnosis Lawsuit? 

If you believe you or a loved one has been misdiagnosed with lung cancer, do not wait to seek legal help. Here are some steps your attorney might take: 

1. Evidence Collection: Your lawyer will help gather evidence such as medical records, test results, and expert opinions to build a strong case against the healthcare provider. 
2. Complaint: Your lawyer may file a complaint with the relevant court that details what happened. 
3. Discovery Phase: During this phase, both parties will exchange evidence and conduct depositions to gather more information about the case. 
4. Settlement or Trial: Healthcare providers often choose to settle outside of court. The case could also go to trial, where a judge or jury determines liability and compensation. 

We’re on Your Side. Contact Us Today.  

Contact our New York cancer misdiagnosis lawyers at Rheingold Giuffra Ruffo Plotkin & Hellman. We’ll help you determine how much time you have left, how much you may be able to recover in damages, and your legal options.