Cancer – Failure to Diagnose2019-05-19T15:51:57+00:00

Cancer: Failure to Diagnose

Cancer is one of the most devastating and deadly diagnoses a person can receive. The best chances a patient has for surviving these life-threatening illnesses are early detection and immediate treatment. Unfortunately, not all patients are lucky enough to get the news in time to fight for their health, or their life.

When a doctor or other medical professional neglects to screen for harmful diseases such as cancer, patients often pay the ultimate price. At the law firm of Salenger, Sack, Kimmel & Bavaro, our experienced medical malpractice attorneys have been successfully fighting for the rights of patients for over 30 years. From a delayed diagnosis of cancer to a misdiagnosis, our team has successfully settled and secured verdicts for countless failure-to-diagnose cases to acquire the compensation our clients and family deserve for their significant losses.

Patient Advocates

Individuals who have been diagnosed with cancer too late can be severely injured or die as a result of the failed diagnosis or misdiagnosis. Our medical malpractice attorneys at Salenger, Sack, Kimmel & Bavaro have decades of experience representing victims with several different cancer diagnoses, some including:

  • lung cancer
  • colon cancer
  • breast cancer
  • brain cancer
  • ovarian/cervical cancer
  • thyroid cancer
  • leukemia
  • prostate cancer
  • skin cancer
  • kidney cancer
  • bladder cancer
  • uterine cancer
  • lymphoma
  • testicular cancer

Some cancers with generally ‘good’ prognoses, such as breast cancer, colon cancer, and prostate cancer, can be treated successful when detected in the early stages. When doctors fail to diagnose cancer symptoms early, patients can experience tremendous pain and suffering from the physical discomforts of the disease, the side effects from aggressive treatments and the emotional turmoil of knowing they may not survive. A late diagnosis of cancer can also lead to the need for more aggressive treatments of surgery, chemotherapy and radiation that would not have been necessary for the patient if the cancer was found early on.

Cancer diagnoses are never easy to cope with, particularly when negligence and wrongdoing have added an additional level of stress. Our compassionate team at Salenger, Sack, Kimmel & Bavaro treats every client with the care and respect they deserve. We know this is an incredibly difficult time for you and your family and we are sensitive to the needs of every client who is battling this brave fight. From intake to resolution, we keep you informed on your rights and educate you on the process every step of the way so you can focus on your recovery with the knowledge that your best interests are being adequately represented.

Financial Burdens of Failure To Diagnose

When cancer is found later than expected, immediate and accelerated treatment can often be the only option left. More rounds of aggressive treatments in a shorter period can result in expensive medical bills that can be hard costs for individuals and families to take on. While some patients take the leap into debt, others lose hope in recovery and choose not to go forward with treatment as they would have if the diagnosis was not late.

Patients have the right to timely and affordable care. No amount of money can make up for the loss of your health or the loss of a loved one from a failure to diagnose.  But by maximizing rewards in your case, we can at least provide you with the financial support you need to gain some element of closure. Our attorneys take the time to evaluate your situation and seek a fair amount of compensation to cover all the damages sustained from your health tragedy including medical bills, day-to-day costs, long-term care needs, and most important, pain and suffering from medical negligence.

What Is Failure to Diagnose

Doctors are considered negligent when they fail to provide the quality of care expected of them under state and federal laws when practicing medicine. In most failure to diagnoses situations, doctors entrusted to care for their patients fail to order the necessary tests needed to detect the early signs of cancer and other life-threatening diseases. Other reasons why doctors may fail to diagnose cancer in a patient include:

  • Failure to record important medical issues.
  • Failure to refer a patient to a specialist.
  • Failure to perform a biopsy.
  • Misinterpretation of medical tests, scans and screenings.
  • Ordering the wrong tests or scans to diagnose patient concerns.
  • Failure to recognize the urgency of a patient’s condition.
  • Misdiagnosing symptoms as another illness or condition.

Our medical malpractice team understands the importance of investigating and obtaining evidence that medical professionals were incompetent or careless with your health. Working with the top professionals in the industry, we have the resources and dedication necessary to take your case to trial if necessary to achieve the favorable results you deserve for damages suffered.

How To Prove Negligence

It is not enough for patients to claim their doctor failed to notice signs of cancer or to follow up with patient care. For a case to be successful, patients much show all three of these elements were present:

  • a doctor-patient relationship existed at the time of the alleged error;
  • the doctor’s error was considered negligent; and
  • the patient suffered harm caused by the negligent acts.

When it comes to cancer, not all cases will be eligible for a lawsuit. Some types of cancer spread so rapidly undetected, failure to diagnose until the disease is fatal is considered common. It’s essential to contact a medical malpractice attorney as soon as you receive a surprising cancer diagnosis to allow for quick and effective investigation tactics to determine if your situation has grounds for a lawsuit and to obtain the best possible outcome.

Let our team provide the support and care you deserve during one of the worst times of your life. Contact the law firm of Salenger, Sack, Kimmel & Bavaro today for a free consultation to review your case and explore your options for seeking justice against medical negligence.


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