Chicago Cancer Misdiagnosis Lawyer

Seek Justice for Delayed or Wrong Cancer Diagnoses

A Chicago cancer misdiagnosis lawyer can help you seek justice when medical negligence leads to a delayed or incorrect diagnosis. Discovering a misdiagnosis is an incredibly devastating experience. 

You place your trust in doctors and healthcare providers to guide you through one of life’s most difficult challenges, expecting accurate diagnoses and effective treatments. When that trust is broken, the consequences can be life-altering.

When this happens, you are entitled to justice and compensation. Rosenfeld Injury Lawyers is here to help. Contact us today to schedule a free consultation. 

Settlements & Verdicts Recovered by Our Chicago Law Firm

At Rosenfeld Injury Lawyers, our Chicago misdiagnosis attorneys have extensive experience representing patients and families in medical malpractice cases involving diagnostic mistakes.

• $5,000,000 Settlement – Linda, a 55-year-old Chicago woman and longtime smoker, underwent several chest x-rays showing a lung growth that her doctors repeatedly overlooked. Two years later, she was diagnosed with advanced cancer. Her lawsuit resulted in a $5 million settlement due to the delayed diagnosis and loss of timely treatment options.

What Is a Cancer Misdiagnosis?

A cancer misdiagnosis occurs when a medical provider fails to correctly identify cancer in a patient. These misdiagnoses can result from negligence, significantly impacting cancer patients by delaying proper treatment and reducing survival rates. The following are the most common instances of cancer misdiagnosis:  

• Delayed Diagnosis: This happens when a physician does not promptly recognize cancer, allowing the disease to advance. For instance, if a doctor misses early signs of cancer on a routine scan, the delay can significantly decrease the chances of successful treatment.   
• Incorrect Diagnosis: This occurs when a medical provider mistakenly identifies a different medical condition instead of cancer. For example, cervical cancer might be incorrectly diagnosed as a benign gynecological issue due to misinterpretation of pap smears or other test results, leading to ineffective treatment.
• Failure to Diagnose: Failure to diagnose happens when cancer is entirely overlooked despite clear indicators. For example, a doctor might fail to diagnose breast cancer when examining a patient’s medical records and test results, resulting in the cancer progressing undetected and untreated.

Victims of cases involving cancer misdiagnosis may have grounds for a medical malpractice claim. Schedule a free consultation with our medical malpractice lawyers. 

 What Are Commonly Misdiagnosed Cancers?

Cancers can be challenging to diagnose accurately due to their diverse symptoms and the potential for medical errors. Certain types of cancer are more frequently misdiagnosed, which can lead to delayed treatment and adversely affect survival rates. Commonly misdiagnosed or undiagnosed cancers include:

• Breast cancer
• Cervical cancer
• Colon cancer
• Lung cancer
• Ovarian cancer
• Pancreatic cancer
• Prostate cancer
• Testicular cancer

This is not an exhaustive list. If you or a loved one has been affected, speak with our cancer misdiagnosis attorneys.  

What Causes Cancer Misdiagnoses? 

Several factors contribute to cancer misdiagnosis, often including one or more of the following: 

Failure to Order Appropriate Tests

Medical professionals must order the right diagnostic tests to accurately diagnose cancer. Failure to order necessary tests, such as biopsies or imaging scans, can lead to missed or delayed diagnoses. 

Misinterpretation of Test Results

Diagnostic errors frequently arise from the misinterpretation of test results. Medical providers rely on tests like pathology reports and X-rays to diagnose cancer accurately. If these results are misread or incorrectly analyzed, doctors may provide an inaccurate diagnosis.   

Inadequate Follow-Up

Inadequate follow-up appointments and monitoring can significantly contribute to cancer misdiagnosis. After an initial appointment, regular check-ups and continuous monitoring of a patient’s condition are crucial for early detection and early diagnosis. 

Communication Errors

Effective communication between healthcare providers and with patients is vital for accurate diagnosis. Miscommunication can occur when doctors fail to share critical information about a patient’s symptoms or medical history, or when patients fail to communicate their symptoms clearly. 

If you’ve experienced this and need help, speak with our Chicago medical malpractice and negligence attorneys about a medical misdiagnosis lawsuit.  

What Are the Consequences of Cancer Misdiagnoses?

A cancer misdiagnosis can have far-reaching effects on patients and their families. Understanding these impacts highlights the importance of diagnosis and the role of medical malpractice attorneys in securing fair compensation.

Delayed Treatment

A misdiagnosis can significantly delay potentially life-saving cancer treatment, allowing the disease to progress to a more serious condition. Without a timely diagnosis, cancers like prostate cancer or ovarian cancer may advance, reducing the chances of successful treatment and worsening the prognosis.    

Unnecessary Treatment

Cancer misdiagnosis can result in patients undergoing treatments or surgeries that are not necessary, exposing them to additional risks and side effects. For instance, a wrong diagnosis might lead to invasive procedures that are not needed, causing serious harm and increasing medical bills. 

Emotional Distress

The emotional and psychological toll of a cancer misdiagnosis on patients and their families is immense. Coping with misdiagnosed cancer, undergoing unwarranted treatments, and facing the uncertainty of a late diagnosis can lead to significant emotional distress. 

Financial Burden

Cancer misdiagnosis often results in substantial financial consequences, including increased medical expenses and lost income.  

If you or a loved one has been affected by any of the above, speak with our failure-to-diagnose-cancer lawyers.  

What Legal Options Do Misdiagnosed Cancer Patients Have?

Pursuing legal recourse after a cancer misdiagnosis is essential to hold negligent medical professionals accountable and secure appropriate compensation for the harm you’ve endured. Understanding your options and the legal process is crucial for navigating these challenging situations. 

Medical Malpractice

Medical malpractice occurs when doctors fail to deliver the standard of care expected, resulting in patient harm. In cancer cases, malpractice can involve wrong diagnosis, failure to timely diagnose, or failure to diagnose cancer altogether. 

Our Chicago misdiagnosis attorneys specialize in handling these complex cases to advocate for victims and their families. 

Proving Negligence 

To establish a case, four elements must be proven:

• Standard of Care: The plaintiff must demonstrate that the medical professionals had a duty of care toward them – for example, there was a doctor-patient relationship. 
• Breach of Duty: Next, they must show that the healthcare provider failed to act in accordance with the accepted standard of care. This could be not ordering appropriate tests like biopsies or imaging scans.
• Causation: Plaintiffs must then show that there is a clear link between the breach of this duty and the injuries they’ve suffered. 
• Damages: Finally, plaintiffs must show that they suffered actual damages. This generally includes medical bills, lost wages, pain and suffering, and other financial and emotional impacts.

Expert witnesses, typically medical experts, play a crucial role in these cases by providing testimony that supports cancer misdiagnosis claims.  

What Laws Govern Cancer Misdiagnosis Cases in Illinois?

Illinois law requires that any medical malpractice lawsuit include a certificate of merit under 735 ILCS 5/2‑622. This document must be signed by a qualified medical expert who reviews the facts and confirms that the cancer diagnosis may have been mishandled due to a deviation from accepted medical standards.

735 ILCS 5/13-212 limits the time to file a medical malpractice claim in Illinois. Victims generally have two years from when they knew or should have known about the misdiagnosis, but no more than four years from the alleged negligence–making timely legal action essential in cancer misdiagnosis cases.

In the case of LeBron v. Gottlieb Memorial Hospital, the Illinois Supreme Court ruled that statutory caps on noneconomic damages in medical negligence lawsuits were unconstitutional. For cancer misdiagnosis cases, this decision means there is no limit on compensation for pain, suffering, or emotional distress caused by a late cancer diagnosis.

How a Chicago Cancer Misdiagnosis Attorney Can Help

When facing a cancer misdiagnosis, having the right legal support can make a significant difference in achieving a favorable outcome. At Rosenfeld Injury Lawyers, we understand medical malpractice law and will help you get the justice you deserve. Here’s why you need a lawyer. 

Legal Expertise

Having a lawyer with extensive experience in medical malpractice and cancer misdiagnosis cases is crucial. Our Chicago misdiagnosis attorneys have significant knowledge of Illinois law and the standards that health care providers must meet to ensure a proper diagnosis. 

Investigation and Evidence Gathering

A thorough investigation is essential in cancer misdiagnosis cases. Our personal injury lawyers meticulously gather and review all relevant records, including test results and treatment histories, to identify any missed diagnoses or errors in medical treatment. We collaborate with medical experts to analyze the situation.

Negotiation and Litigation

Our law firm is skilled at negotiating settlements that reflect the true extent of your losses. If a fair settlement cannot be reached through negotiation, we are fully prepared to litigate your case in court.  

What Damages Can Be Recovered in a Cancer Misdiagnosis Lawsuit?                

When pursuing missed diagnosis claims, understanding the types of damages you can recover is essential for securing the compensation you deserve. Common types include:   

• Past and future medical costs 
• Current lost income
• Decreases in future earning capacity
• Physical pain
• Emotional distress
• Decreased quality of life
• Loss of consortium

What Is the Average Cancer Misdiagnosis Claim in Chicago?

According to Law.com’s VerdictSearch, the average cancer misdiagnosis claim in Chicago is valued at approximately $3.5 million, with reported cases ranging from $250,000 to over $15 million.

Several key factors affect the value of a cancer misdiagnosis lawsuit:

• Type of cancer 
• Stage at diagnosis and whether the cancer had spread
• Length of the delay in diagnosis
• Impact on treatment options and survival rates
• Whether the misdiagnosis led to wrongful death
• Medical expenses, lost wages, and the need for ongoing care
• Strength of the medical records and expert testimony
• Whether the case was settled or decided at trial

Cases involving a late diagnosis that led to advanced cancer or significantly reduced life expectancy typically result in higher compensation, especially where negligence is well-documented.

Example Cases

$15,182,083.14 Verdict – Missed Cancer on CT Scan

Judith Skorek, 56, underwent a cardiac CT scan in 2011 that showed a lung mass, which her doctor didn’t report. Three years later, she was diagnosed with Stage IV lung cancer that had spread to her brain. She underwent multiple surgeries, chemotherapy, and radiation, but her life expectancy was severely shortened. 

The jury found that the doctor’s failure to diagnose cancer constituted negligence and awarded $15,182,083.14. Damages covered past and future medical costs, pain and suffering, emotional distress, and shortened life expectancy. The case underscored how a delayed diagnosis can turn early-stage cancer into a terminal illness.

$12,000,000 Settlement – Delayed Pancreatic Cancer Diagnosis

Martin Domitrovich, 49, underwent two CT scans in consecutive years that radiologists reported as normal. Two years later, he was diagnosed with pancreatic cancer that had already spread to his liver. He filed a medical malpractice claim alleging the earlier scans showed evidence of a mass that was ignored. 

His cancer progressed to an advanced stage, significantly reducing his chances of survival. The parties reached a $12 million settlement before trial. The case highlighted the devastating impact of diagnostic errors and the need for radiologists to properly review imaging that could reveal early-stage, treatable cancers.

$8,125,000 Verdict – Radiologist Misses Lung Tumor on X-Ray

The estate of Althea Wright, 68, sued after a radiologist failed to detect a lung mass on her 2013 chest X-ray. The radiologist admitted fatigue after reviewing up to 90 studies that day. Fourteen months later, Wright was diagnosed with Stage 3 lung cancer and died after multiple failed treatments. 

The jury found the doctor’s negligence as the underlying reason, awarding $8.125 million for pain, suffering, loss of normal life, and disfigurement. The case showed how a single missed finding and a delayed cancer diagnosis can lead to irreversible harm for a patient.

$7,000,000 Verdict – Missed Breast Cancer on Mammogram

Patsy Walker, 51, underwent mammograms in 2008 and 2009, but radiologists failed to detect visible abnormalities that later developed into Stage 3 breast cancer. By the time of her 2010 diagnosis, the cancer had spread to her lymph nodes and later metastasized to her bones and spine. She endured years of chemotherapy, radiation, and palliative care. 

A jury awarded Walker $7 million for pain, suffering, and loss of normal life. Expert testimony established that the two-year delay in diagnosis reduced her life expectancy by 20 to 25 percent, turning a treatable cancer into an advanced, incurable disease.

$3,627,113 Verdict – Failure to Diagnose Leukemia

Trevor Walton, 34, repeatedly sought treatment for respiratory symptoms but was misdiagnosed with allergies and sinus infections. His doctor didn’t order a simple blood test that would have revealed acute lymphocytic leukemia. Walton died just days after being correctly diagnosed at a hospital. His widow filed a wrongful death and survival claim, alleging failure to order necessary diagnostic tests. 

The jury awarded $3,627,113, including $2.4 million for loss of society for Walton’s wife and child. The case demonstrated how a physician’s failure to follow accepted standards in diagnosing cancer can result in preventable death.

Consult a Chicago Cancer Lawyer Near You!

At Rosenfeld Injury Lawyers, we understand how difficult and overwhelming it can be to deal with a cancer misdiagnosis. You shouldn’t have to face this situation alone, which is where we come in. Our compassionate and experienced cancer misdiagnosis attorneys are here to help you navigate your legal options and seek the justice you deserve. 

We offer a free consultation to discuss the details of your case so you know what steps to take next. Call (888) 424-5757 or complete our online contact form as soon as you’re ready to get started.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.