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:

• Persistent bouts of coughing.
• Persistant back pain, shoulder pain, or chest pain that worsens with deeper breathing.
• Shortness of breath.
• Hoarse voice.
• Coughing up blood or bloody mucus.
• Neck or facial swelling.
• Swallowing with difficulty.
• Weight loss or appetite loss.
• Feeling fatigue or weak.
• Periodic 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. Undetected breast cancer often advances to more serious stages, thereby putting the patient at further risk and reducing the cure rate.

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. The majority of colorectal cancers have a slower growth rate over several years, and are traced to polyps (benign, small growths). Polyps caught and removed early, prior to malignancy, can be an effective prevention strategy.

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. This test can be used to detect cervical lesions, providing early treatment opportunities. Pap smears are recommended every three years upon receiving two negative Pap smears given one time per year. Pap smears are often times recommended annually by gynecologists. Pap smear analysis is performed by trained laboratory staff, but it is also important to have older tests examined to ensure that earlier pap smears were interpreted correctly. 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 Pap test determines evidence of infection, abnormal 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
Early diagnosis of cervical cancer or early detection of pre-cancerous cells may be put at risk if pap smears are performed or analyzed incorrectly.

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.

If you would like more information please contact us online or call 1 800 7 LEGAL 7 for a Free Case Evaluation.