Philadelphia Cancer Misdiagnosis Lawyer
In today's world of mammograms, colonoscopies, MRIs, and blood tests, it still occurs that cancers are missed, and opportunities for early treatment are lost. When a delay in diagnoses occurs the patient's prognosis or treatment is often dramatically affected, and there is actionable malpractice. Not every delay in diagnosis or misdiagnosis however results in actionable legal damage, but when it does, our lawyers have handled many misdiagnosis of cancer cases over the years and are prepared to assist you in the pursuit of the matter.
We handle cases in the following areas:
Lung Cancer
Breast Cancer
Colon Cancer
Cervical Cancer
Lung Cancer Misdiagnosis
As with all cancers, the sooner lung cancer is diagnosed and treated, the better the prognosis. Lung cancer is one of the most common types of cancer. People over the age of 50 are at an increased risk of lung cancer. According to the American Cancer Society, tobacco use causes more than 80 percent of all lung cancers because cigarettes, cigars and other tobacco products contain many dangerous carcinogens. Other causes include inhalation of asbestos and radon, among other chemicals and pollutants including arsenic, chromium, silica and beryllium. People with a history of tuberculosis and other lung diseases, including emphysema and asthma, have an increased risk of developing lung cancer.
Lung cancer is sometimes misdiagnosed as something less harmful, making lung cancer the 4th most claimed malpractice injury. For example a patient with a chronic cough may be diagnosed with bronchitis, without running the proper diagnostic test.
Some symptoms and signs of lung cancer:
- A cough or a cough that does not go away.
- Chest, shoulder, or back pain that does not go away and often gets worse with deep breathing.
- Shortness of breath.
- Hoarseness.
- Coughing up blood or bloody mucus.
- Swelling in the neck and face.
- Difficulty swallowing.
- Weight loss and loss of appetite.
- Increasing fatigue and weakness.
- Recurring respiratory infections.
To diagnose lung cancer, a doctor should look for enlargement of the lymph nodes, liver and abdomen, and for other symptoms of a lung mass. A complete diagnosis requires a chest x-ray to look for growths, and a sputum test, involving coughing up phlegm, for lung cancer cell detection, and a spirometry, which tests a patient's pulmonary function to determine if there is an obstruction or narrowing of the airways. A diagnosis of lung cancer may include a biopsy, of which there are two kinds, bronchoscopy and percutaneous needle biopsy, for tissue examination. Bronchoscopy involves insertion of a bronchoscope, a flexible lighted tube, into the patient's mouth or nose and guiding it to the bronchi. A percutaneous needle biopsy involves inserting a needle into the lung through the skin. After a lung cancer diagnosis is made, a doctor will determine the stage of the cancer in order to establish the proper course of treatment.
There are four types of lung cancer:
- Small lung cancer, accounts for about 20 to 25 percent of all lung cancer cases. It is found predominantly in people who are heavy smokers and most often develops in the bronchial submucosa. This form of lung cancer spreads rapidly and is more likely to metastasize than the other three forms of lung cancer.
- Squamous cell carcinoma, also called epidermoid cancer, makes up 25 to 30 percent of all lung cancer cases and is the most common form of lung cancer. It often begins in the bronchi and may remain in the lungs without spreading for a longer period of time than the other forms of lung cancer.
- Adenocarcinoma is a form of lung cancer with cancerous cells shaped as cubes or columns, which usually grow in patterns in the glands, along the tissue that lines the bronchi and along the outer edges of the lungs. It makes up 25 to 30 percent of all lung cancer cases.
- Large cell carcinoma is the rarest form of lung cancer, making up approximately 10 to 20 percent of cases. It is found most often in the bronchi and is made up of cancer cells that are not small lung cancer, squamous, or adenocarcinoma.
Failure to Diagnose Breast Cancer
Breast cancer is one of the most common forms cancer, however if diagnosed and treated in the early stages, the prognoses can be very good. Unfortunately, there are many time when proper diagnosis is not made. Some of the common errors failing to diagnose breast cancer are:
- Inappropriate follow up when a mass or other symptom is reported by patient.
- Improper reading of the mammogram.
- Failure to order a biopsy when a mass is detected.
A delay in treating breast cancer can greatly effect the likelihood of recovery and long term survival. Depending on the stage of cancer and other factors a few months delay can have significant ramification. When breast cancer goes undetected by a physician the cancer is given the opportunity to advance to a more serious stage. This failure to diagnose breast cancer (as with all cancers) increases the risk of harm to the patient. The higher the stage of the cancer, the lower the cure rate. Cancers of more advanced stages have higher recurrence and mortality rates.
Some of the most common signs and symptoms of breast cancer are:
- a suspicious mass;
- nipple discharge;
- a painful breast; and
- a reddened breast.
If a doctor or radiologist fails to properly diagnose the cancer, then a claim can be pursued even if there are no immediate repercussions. At Rosenbaum & Associates we will evaluate the situation to determine if there is an increased risk of harm. That is, did the doctor's negligence decrease your chances of surviving. In other cases the delay may result in additional treatment, such as chemotherapy or a mastectomy, which could have been avoided.
Failure to Diagnose Colon Cancer
Colon and rectal cancers are the second most prevalent cancer after lung cancer among men, and the third most prevalent cancer after breast cancer and lung cancer in women. Most colorectal cancers grow slowly over a period of several years, often beginning as small benign growths called polyps. Removing these polyps early, before they become malignant, is an effective means of preventing colorectal cancer.
Failure To Order Appropriate Tests
Colon cancers are usually detected by a test called a colonoscopy where a long flexible tube with a tiny camera lens at the end is inserted into the rectum and followed through the colon to the end at the cecum. If any abnormality is detected, a small piece of bowel lining is cut out and examined under a microscope to see if it is pre-cancer or cancer. Some common symptoms of colon cancer are:
- Rectal bleeding;
- Change in bowel habits;
- Abdominal discomfort and
- Unexplained anemia.
While these symptoms can have many causes besides cancer your doctor should consider a colonoscopy under many circumstances. If the cancer is detected early there is a very good chance for recovery. However, the longer the delay in diagnosis the greater the risk of metastisis and the poorer the prognosis.
Malpractice may be committed if your doctor fails to perform a thorough exam or does not inform the patient of the significance of certain symptoms such as rectal bleeding. For, example if the doctor determines your bleeding is result of hemorrhoids, but the bleeding persists after treatment, then a colonoscopy should be prescribed to rule out cancer. In other cases, a patient may never be informed that a symptom could be an indicator of cancer and they leave the doctor's office with a false sense of well-being.
Failure to Diagnose Cervical Cancer
Pap smears are typically the most effective way to screen for cervical cancer. Preinvasive lesions of the cervix can be detected through this test and provide an early opportunity for treatment. The American Cancer Society recommends that a Pap smear be obtained every 3 years after 2 negative Pap smears were obtained at yearly intervals. Many gynecologists recommend yearly Pap smears. Pap smears are read by laboratories, and it is important to examine old Pap smears to find out of they were properly read by the evaluator. Obviously, appropriate physical examination is also an important part of the cancer screening process.
The Pap Smear Test
The Pap smear is a microscopic examination of cells sampled from the uterine cervix surface and sometimes the vaginal wall, which is performed to detect precancerous change and cancer. The cervix is the lower part of the uterus that opens into the vagina. The Pap test can tell if you have an infection, abnormal (unhealthy) cells, or cancer. After the sample is taken, it is prepared for microscopic evaluation in the laboratory. Analysis of the cells is extremely helpful in diagnosing cancer at an early stage. This process is referred to as a cytological examination. Cytology is the study of the structure, function, behavior, growth, and reproduction of cells and cell components. Examining the cervical tissue at the microscopic level provides a great opportunity for early treatment.
Testing Errors
Unfortunately, the detection of these pre-cancerous cells, as well as the diagnosis of cervical cancer, is occasionally delayed by physicians, laboratories and other medical personnel who, through inappropriate or deficient care, fail to properly administer the PAP smear. They might also fail to properly test the specimen or inadequately or improperly analyze test results.
In many cases the pap smears are read inaccurately. Thereafter, symptoms develop including irregular bleeding and unusual vaginal discharge, and cancer is then diagnosed. However, by the time these symptoms appear the cancer may have developed or progressed to a latter stage. This makes the treatment more invasive and decreases the likelihood of recovery.
At Rosenbaum & Associates we retain the appropriate experts to review the testing procedures. In particular, the slides are reviewed, which often reveals there were pre-cancerous or cancerous cells on the slides previously determined to be normal.
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