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If you are searching the Internet because you or a loved one has cancer that you believe should have been diagnosed much earlier than it was, then you would do well to read further.
Although your specific facts and circumstances may not be described in this content, the concepts and explanations are probably pretty relevant to you.
Our law firm has had decades of experience with medical malpractice lawsuits, and delayed diagnosis of cancer had been the subject matter of to name a few:
- Unrecognized colon cancer, where the patient had CROHN’S disease.
- Unrecognized and negligently reported Prostate cancer, where the PSA reports were wrongly reported.
- Cervical Cancer, where the biopsy specimens were reported as normal but when the lawsuit was filed they were reported as “missing and lost”. The pathologist thought that zero evidence because the slides were no longer available meant there was no proof. Wrong.
- Breast Cancer, with a mistaken biopsy taken of the wrong site.
- Breast Cancer, with a poorly reported mammogram.
There are a few basic issues to be alert about and to consider from the very beginning, as there are arguments, positions and then there are chess moves and counter strategies to the arguments. Here are a few:
- ”My cancer was discovered later than it should have been.”
A. If the hospital or doctor, clinic was late to discover the cancer, how long was the delay?
B. What kind of cancer do you have? What stage is the cancer, and how fast spreading is this kind of cancer?
C. Even if your cancer was found earlier, can you prove that the time lost would make a difference in your cure or survival?
- ”The Hospital found my cancer at stage 3, if it was 2 months earlier, it would have been stage 1, and I would not need radiation or chemotherapy.”
A. If your cancer was stage one instead of stage 3, do you know for sure that your physician would not have requested that you consider chemo and radiation?
B. There is no real, true way to work backwards in time with most cancers. Unless we know what size the tumor or tumors were when they were missed, because we have an X-ray, MRI, CAT, CT scan or other proof from that earlier time period.
- ”I think I have a terminal case of cancer now, but if my symptoms were properly investigated then I would not be facing my possible death.”
A. Certain cancers cannot be treated and stopped in their tracks, or put into remission.
B. What kind of cell type was yours? What organ was it found in, and what stage was it found at?
As you can see, there are lots of smokescreens, strategies and defenses that an experienced medical malpractice attorney needs to anticipate.
When you call for your free consultation, and may be given an in office or even an in home or hospital consultation, try to bring or have your medical records with you.
In delayed or misdiagnosis of cancer lawsuits for medical malpractice, it is not unusual for the medical malpractice attorney to obtain the opinions of more than a single expert; like for example, perhaps an expert oncologist to describe the extent and aggressiveness of the cancer.
Then, a doctor or similar medical health care professional to describe what symptoms, tests or medical history should have raised a red flag of suspicion and concern to cause a medical investigation that would in all probability have resulted in a more prompt, timely diagnosis.
These are among the most complex of cases and it is strongly suggested that you check out the lawyer’s reputation and experience before signing a retainer agreement between you and the lawyer.
Call the Miami Personal Injury Law Firm of Goldberg & Hirsh for a Free Legal Consultation.