When we visit a doctor or medical provider, we trust that they have the skills and expertise necessary to assess our overall health and identify any medical issues, illnesses, or conditions that may require diagnostic testing or lead to a formal diagnosis. When left undiagnosed or untreated, diseases like cancer can progress well beyond a more easily treatable stage and become life-threatening for some individuals. Early and accurate cancer diagnoses are critical to treating and managing cancer, and medical providers recognize the importance of screening patients for cancer and ordering additional diagnostic tests when cancer is suspected. Unfortunately, instances of cancer misdiagnosis or delayed diagnosis do happen, some of which can lead to severe consequences and complications. While these events can be devastating for the patient and their loved ones, it’s important to understand that a cancer misdiagnosis or a delay in diagnosis do not always constitute medical malpractice or entitle the patient to take legal action against the provider. However, there are cases of delayed diagnosis or misdiagnosis that do result from medical malpractice, and such patients are entitled to file legal claims for the damages resulting from the provider’s negligence or error.
At Menzer Law, we recognize the critical nature of every case we take on. We are selective in the cases we represent to ensure that each client receives the attention they deserve. This approach allows us to provide focused and dedicated guidance, offering personalized legal representation to secure substantial financial recovery and accountability for the clients we serve. Our team of experienced medical malpractice lawyers and hospital negligence attorneys has extensive experience in complex medical malpractice cases and we are fully prepared to secure the justice and compensation our clients deserve. Let’s take a look at how failure to diagnose cancer settlements typically unfold in Washington state and how you can learn more about cancer misdiagnosis lawsuit settlements in the greater Seattle area.
Cancer Misdiagnosis vs. Delayed Diagnosis
First, it’s helpful to understand the difference between a cancer misdiagnosis and a delayed diagnosis of cancer. Essentially, cancer misdiagnosis can occur in two ways – first, when a healthcare professional incorrectly identifies someone as having cancer when they do not have the disease. Or, second, when a patient who has cancer is informed that they do not have the condition. Misdiagnosis involves a diagnostic error that can severely impact the patient’s physical health and emotional well-being. Below are just a few different types of cancer misdiagnoses that may happen to patients in Washington state.
False Positives
When people are tested for cancer, false positives may occur that mistakenly inform the patient that they have cancer (when the reality is that there is no cancer present). Laboratory errors, misinterpreting or misreading test results (like imaging, scans, biopsies, etc.), or over-reliance on screening tests that are known to deliver a higher number of false-positive results can all lead to a cancer misdiagnosis. Many patients seek second opinions when they receive a cancer diagnosis to make sure that the initial diagnosis was not the result of a false positive issue.
False Negatives
There are also cases in which screening or diagnostic tests are conducted, but the patient is informed that they do not have cancer (when, in fact, cancer is present in their body). False negatives typically result from insufficient testing, errors made during biopsies or testing protocols, the misinterpretation of imaging or laboratory test results, or failing to detect cancerous tumors when reading the test results. Unfortunately, false negatives often lead to a delayed or missed diagnosis, which means that the cancer is left untreated and can grow and potentially spread throughout the body during this critical time.
Misclassification
Even if a medical provider detects the presence of cancer in a patient, they may still make an error that can lead to serious consequences. For instance, they may incorrectly classify the type or subtype of cancer present in the patient, which can prevent the patient from receiving the appropriate treatment they need. Even though the patient may receive cancer treatment, the treatment itself may be ineffective, overly aggressive, or otherwise inappropriate for the type of cancer they have. Misclassification cases can arise because of limited experience or negligence on the part of a medical professional.
Potential Consequences of Cancer Misdiagnosis in King County
With progressive diseases like cancer, early detection is critical to ensure that the patient receives the appropriate treatments they need to improve their chances of a successful resolution. Any errors or delays during the diagnosis or treatment process can lead to severe consequences and adverse outcomes. For instance, false positive results can subject individuals who mistakenly believe they have cancer to aggressive and wholly unnecessary surgeries, radiation therapy, or chemotherapy. As a result, these patients may needlessly put themselves through intense physical harm, emotional distress, and financial anxiety, even though there is no cancer to treat. On the other hand, false negatives or misclassifications of cancer can delay critical treatment, leaving the cancer to progress to more advanced stages and potentially impacting the patient’s long-term survival. If you have endured unnecessary or inappropriate treatment for a false positive cancer diagnosis or you have suffered a delay in critical treatment because medical professionals failed to diagnose the presence of cancer, you may be entitled to file a cancer misdiagnosis lawsuit to recover the damages you have suffered.
Medical Malpractice Cases Involving a Delayed or Missed Cancer Diagnosis
Any delay in a cancer diagnosis can have serious implications for the patient. When a healthcare professional fails to recognize the presence of cancer or incorrectly interprets the symptoms as signs of a different condition, the patient will be unable to access the cancer treatments they need. In other words, there will be a significant gap in the time between the initial signs of cancer for which the patient sought medical attention and when the patient finally receives a cancer diagnosis and the treatment needed. Unfortunately, the cancer timeline is often critical, as delayed treatment may not be as effective as treating the cancer earlier in its progression would have been. Delayed or missed cancer diagnoses can leave the disease untreated, allowing it to become more aggressive, advanced, or spread out throughout the body. Delayed cancer treatments can mean reduced effectiveness, poorer outcomes, and a reduced chance of long-term survival. Medical professionals should recognize their obligation to approach any potential signs of cancer with a high degree of suspicion in order to detect cancer as early and accurately as possible. Failure to do so may entitle the patient to file a failure to diagnose cancer lawsuit to recover the damages they’re owed.
Building a Medical Malpractice Lawsuit in Washington State
Those who have suffered harm due to a negligent medical professional in Washington state may be entitled to take legal action against the party responsible for their physical and financial injuries. RCW 7.70.030 sets forth the elements that the plaintiff must prove in order to recover compensation from the negligent party. Each element is explained briefly below so that you can understand how you and your medical malpractice attorney would likely approach your case. For a more tailored approach about cancer misdiagnosis claims in Washington state, or to learn more about topics like the likelihood of settlement for cancer misdiagnosis cases in King or Pierce County, contact a highly trusted medical malpractice law firm to get started.
Establishing the Provider’s Duty of Care
First, you will need to show that a medical provider-patient relationship existed at the time you sought the medical evaluation or diagnosis. You can provide evidence of this relationship by pointing to intake forms, medical bills, or medical records attesting to your status as a patient seeking care from a licensed medical provider such as a hospital, a physician, a nurse, physical therapist, and other types of health care professionals. When you seek professional medical services from such a medical provider, they have what’s known as a “duty of care” to provide you with competent and appropriate care within their area of medical practice.
The Provider Owed You a Duty of Care, Yet Failed to Fulfill This Obligation
Next, you will need to show that the medical provider failed to uphold the duty of care they owed to you as their patient. In other words, if any other reasonable and competent healthcare professional in their position would have taken appropriate steps to diagnose the cancer accurately—but the provider in question failed to act according to these professional standards, you can establish they committed medical malpractice or medical negligence. In order to prove such a breach of the duty of care, you almost always need to obtain expert witness testimony from other medical professionals who can attest to the industry’s standard of care and how the at-fault party failed to uphold these standards when they provided you care and treatment.
The Breach of Duty Caused Harm to the Patient
This can be one of the most challenging elements of a medical malpractice claim, as you and your attorney must draw a direct line from the medical professional’s errors or negligence to the physical, emotional, and financial harm you suffered as a result. Again, this element of the case generally requires supporting expert testimony. The details and circumstances of every cancer misdiagnosis or delayed diagnosis case are different, so it’s worth discussing your specific case details, injuries, and concerns with a trusted and experienced medical malpractice lawyer to determine the most appropriate path forward.
Contact to Seattle’s Go-To Medical Malpractice Law Firm Today
The highly experienced legal team at Menzer Law is deeply committed to providing expert legal representation to those who have suffered cancer misdiagnosis or delayed diagnosis in Washington state. We offer a no-obligation, complimentary case review to evaluate your situation to ensure that your case aligns with our expertise. We focus on cases where we believe we can most significantly impact the outcome, which means that our carefully managed caseload allows us to devote our time and resources to the cases we take on. Please call our Seattle office today at (206) 903-1818 for a complimentary review of your claim.