Albany Failure to Diagnose Cervical Cancer Lawyers

Early-stage cervical cancer is rarely detected because most patients do not experience symptoms. However, symptoms may manifest as the tumor becomes more extensive and spreads. Common symptoms of cervical cancer include:

• Abnormal vaginal bleeding
• Unusual vaginal discharge
• Pelvic pain
• Pain during sex 

More advanced disease symptoms include:

• Swelling of the legs
• Blood in the urine
• Problems urinating or having bowel movements 

Diagnostic procedures can sometimes help catch cervical cancer. A healthcare provider can perform a Pap test during a regular pelvic exam to take a sample of cells from the patient’s cervix. Medical professionals examine the specimen for any abnormal changes. 

A doctor can take the patient’s medical and family history and look for any symptoms of the disease. An abnormal Pap test may reveal changes in cervical cells before they become cancerous. Medical providers can order additional testing after an abnormal finding. 

The doctor may also conduct or order a colposcopy, which uses a special tool to magnify the cervix area. The healthcare provider applies a solution of acetic acid to make any abnormal areas more visible. If the medical provider detects an abnormal location, they can remove a piece of tissue and biopsy it. They then send the biopsy to a laboratory for further review. 

The doctor may order follow-up testing to determine if the cancer has spread, such as a CT scan, MRI, or X-ray. Other follow-up procedures may be necessary, such as a cystoscopy, which uses a telescope to see inside the bladder and urethra, or an intravenous pyelogram, which is an X-ray exam of the kidneys and bladder.

The Role of HPV Vaccines in Cervical Cancer Prevention

According to the Centers for Disease Control and Prevention (CDC), cervical cancer was once a leading cause of cancer deaths among women in the United States. However, cervical cancer incidence rates have decreased by more than half in the last 50 years, mainly because of routine screening and the availability of the HPV vaccination. Now, it is one of the most preventable types of cancer, according to the CDC.

The WHO states that the HPV vaccination is highly effective as a primary prevention approach. However, the CDC still recommends that women, even if they are vaccinated, receive regular cervical cancer screening beginning at age 21. The CDC states the best way to enhance the possibility of positive cervical cancer outcomes is to have regular screenings.

Why Is Cervical Cancer Misdiagnosed?

Doctors do not always make a timely cervical cancer diagnosis. Many factors can contribute to this. For example, signs and symptoms of cervical cancer also appear in other medical conditions. Doctors may fail to perform necessary diagnostic services to detect cancer.

Gynecologists may improperly perform the pelvic exam or misread Pap smear results. Pathologists may not analyze the sample correctly. Healthcare providers may cause delays in cancer screenings due to forgetfulness, not receiving a complete medical and family history or lack of communication with other medical providers. Doctors may also fail to provide proper follow-up care, not check on the test results, or not communicate test results to patients.

If a medical provider failed to diagnose cervical cancer and you now have an advanced stage of cancer, reach out to our law firm for help.

Treatment for Cervical Cancer

The potential treatment that a cancer patient receives will depend on many factors, including:

• Their age and health
• The tumor’s size and shape
• The stage of cancer
• The patient’s desire (or lack thereof) to have children in the future

Potential forms of cervical cancer treatment include:

• Surgery – If the cancer has not spread to other parts of the body, a doctor may be able to remove it and pelvic lymph nodes surgically. In some cases, this is possible without removing ovaries or fallopian tubes. In other cases, a total hysterectomy is necessary, which removes the uterus and surrounding tissues, including lymph nodes.
• Cryotherapy – Cryotherapy freezes abnormal cells.
• Laser therapy – Laser therapy uses a laser beam to burn abnormal tissue.
• Loop electrosurgical excision procedure (LEEP) – This procedure uses electricity to destroy abnormal cells.
• Chemotherapy – Chemotherapy uses powerful drugs to destroy cancer cells.
• Targeted drug therapy – This procedure delivers medicine in certain body areas to prevent cancer from spreading.
• Immunotherapy – This form of treatment boosts the immune system to help fight cancer.

Consequences for a Failure to Diagnose Cervical Cancer

Cervical cancer deaths can be prevented with early detection and proper medical care. However, delayed diagnosis can result in fatal consequences. The effects are more pronounced for certain populations. For example, the death rate in African American women and Native American women is approximately 65% higher than in white women.

When cervical cancer is not fatal, it can result in the spreading of the disease that requires more invasive medical treatment than it would have needed had it been timely diagnosed. It can also require the patient to make the difficult decision of consenting to a hysterectomy or making other choices that could damage their reproductive health.

What Should I Do If I Suspect My Doctor Failed to Accurately Diagnose Cervical Cancer?

If you believe your medical provider has not properly diagnosed you with cervical cancer, your health is the top priority. Seek a second opinion immediately. Attend all your follow-up appointments. 

Keep all your medical records, bills, and other documentation related to your follow-up care. These records may contain valuable evidence about the cancer and when it should have been discovered. 

Speak to an experienced medical malpractice attorney. Powers & Santola, LLP offers a free consultation where we can discuss the situation and explain your legal options for pursuing compensation. We also work with leading experts who can help substantiate your medical malpractice claim. 

What Compensation Can I Recover in a Medical Malpractice Lawsuit?

If a negligent provider delays your ability to detect cervical cancer and receive the medical treatment you need, you may be able to hold them financially responsible for the consequences. Through a medical malpractice claim, you can seek compensation for:

• Additional medical bills you incur to diagnose and treat cancer, including surgeries, medication, hospital stays, and institutionalized care
• Future anticipated medical expenses
• Lost income and reduced earning capacity
• Mental health treatment for anxiety and depression related to your health concerns 
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

In cases in which the failure to diagnose results in a deadly outcome, our wrongful death lawyers can help your family seek justice and accountability by filing a wrongful death claim. Through this type of legal claim, you can seek financial compensation for the early death of your loved one, including damages such as:

• Their medical expenses
• Burial, funeral, and cremation expenses
• Lost wages for the income the victim would have earned during their working life
• Reduction in inheritance
• Loss of parental guidance
• Loss of services
• The victim’s pain and suffering

Learn more about the damages your family may be able to recover when you contact Powers & Santola, LLP, for your free case review.

What Is the Statute of Limitations for Medical Malpractice Lawsuits in New York?

Every state has different time limits for initiating certain types of legal action, known as statutes of limitations. The statute of limitations in New York for medical malpractice cases is 30 months. This deadline is generally from the date the negligent act occurred or the last treatment date the patient received continuing care from the negligent medical provider.

What Is Lavern’s Law in New York?

Because victims of failure to diagnose cancer sometimes do not learn of their medical provider’s negligence until well after 30 months, New York passed Lavern’s Law. Under this law, cancer misdiagnosis victims have 30 months from the day the victim discovered the misdiagnosis/failure to diagnose. However, in all such cases, the patient must file a lawsuit within seven years of the negligent event causing the failure to diagnose and adhere to the statute of limitations. 

Speak with Our Medical Malpractice Attorneys During a Free Case Review

Even with lower cervical cancer rates than in generations past, people still receive this diagnosis. When the diagnosis is not timely or doesn’t come at all, the consequences can be severe or even fatal. The failure to diagnose cancer lawyers at Powers & Santola, LLP can help you seek justice and accountability when your medical provider’s negligence has harmed you. Call us today or complete our online contact form for a free, no-obligation consultation. 

Related:

Failure to Diagnose Breast Cancer 

Failure to Diagnose Uterine Cancer 

Failure to Diagnose Prostate Cancer 

Failure to Diagnose Skin Cancer