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Receiving a skin cancer diagnosis is scary under any circumstances. However, finding out that your diagnosis has been missed or delayed due to a healthcare provider’s negligence can be terrifying.
If you were harmed by medical malpractice, you do have legal options. The cancer misdiagnosis lawyers at Powers & Santola, LLP, can discuss them during a free, no-obligation case review. Contact us today to learn more.
What Is Skin Cancer?
The Mayo Clinic defines skin cancer as the abnormal growth of skin cells. Errors or mutations in skin cell DNA can cause cells to grow and create a mass. According to the American Cancer Society, skin cancer is the most common type of cancer.
Cancer cells usually develop on skin that is exposed to sunlight. However, skin cancer can also occur in other areas of the skin that are not exposed to the sun.
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Types of Skin Cancer
The three most common types of cancer that appear on the skin:
Melanoma
Melanoma begins in the melanocytes, which are cells that give skin its color. Melanoma skin cancer typically begins in skin exposed to the sun, including the skin on the arms, legs, back, and face. It can also form in the eyes and inside the body, such as the nose or throat.
The most common way to detect melanoma is by recognizing a change in an existing mole or developing an unusual skin growth. Melanoma cancer symptoms include having moles or skin growths that are:
- Asymmetrically shaped
- Different in color than other moles
- Larger than one-fourth an inch
- Itchy or bleeding
- Surrounded by a border
Melanoma is the rarest type of skin cancer but also the deadliest. Receiving an accurate cancer diagnosis in a timely fashion is necessary to beat this disease. If you did not receive a diagnosis of cancer until it was too late, contact a medical malpractice lawyer to learn about how you can hold the negligent healthcare provider accountable for their careless actions.
Squamous Cell Carcinoma
This form of cancer develops in squamous cells, which comprise the middle and outer layers of the skin. It is a common form of skin cancer, usually caused by too much ultraviolet radiation from the sun, tanning beds, or lamps.
While squamous cell carcinomas can appear anywhere on the skin, they are usually found in areas of the skin that have had a lot of exposure to the sun. Symptoms of squamous cell carcinoma include:
- A firm bump on the skin
- A flat sore with a scaly crust
- A new sore or a new area that is raised on an existing sore or scar
- A scaly patch on the lip
- A sore or rough patch in the mouth
- A raised patch or sore that appears like a wart in the anus or on the genitals
While squamous cell carcinoma is not usually a life-threatening type of cancer, a delayed or missed diagnosis of cancer can allow cancerous cells to spread to other parts of the body, which can cause serious complications. A medical malpractice attorney can discuss your rights to financial compensation after a negligent healthcare professional or facility contributed to a diagnostic delay that has harmed you.
Basal Cell Carcinoma
Basal cell carcinoma begins in basal cells, which produce new skin cells as old cells die off. Like other forms of skin cancer, basal cell carcinoma usually appears on areas of the skin exposed to the sun, such as the head and neck.
This type of skin cancer is often associated with the following symptoms:
- A shiny, translucent bump
- A brown, black, or blue lesion
- A lesion with dark spots
- A flat, scaly patch with a raised edge
- A white, waxy lesion
If you notice any suspicious changes to your skin, have a doctor examine it. Your health is the top priority. If a medical professional fails to diagnose you properly, a medical malpractice attorney from our law firm can review your case for free.
Risk Factors for Skin Cancer
According to the Centers for Disease Control and Prevention, common risk factors for skin cancer include people with the following characteristics:
- A lighter skin color
- Blue or green eyes
- Blond or red hair
- Skin that burns, freckles, or reddens easily
- Older
- Have a family history of skin cancer
- Have previously had skin cancer
- Have a history of sunburns or tanning
- Have certain types and a large number of moles
Environmental factors can also play a role, such as those who work in fields with exposure to ultraviolet rays or excessive sun exposure. Those with a weakened immune system may also be at an increased risk of developing cancer.
How Is Skin Cancer Diagnosed?
Skin cancer is often diagnosed when a patient notices a change in their skin’s appearance. A primary care doctor, dermatologist, or other healthcare provider may examine the skin to determine if changes in the skin are possibly skin cancer. They may remove a skin sample (a biopsy) to further evaluate it through lab testing. This testing can also help identify the type of cancer the patient has.
Factors that Contribute to the Misdiagnosis or Missed Diagnosis of Skin Cancer
A correct diagnosis of skin cancer is necessary for patients to begin receiving the medical care they need. However, medical errors can result in the medical provider failing to diagnose skin cancer or misdiagnosing it for another condition. Common issues that cause diagnostic errors related to skin cancer include:
- Confusing one patient’s medical records with another’s
- Failing to refer the patient to a specialist
- Delays in ordering screening tests
- Confusing symptoms with another condition, such as an allergic reaction
- Failing to perform proper tests that can indicate the presence of cancer cells in the body
- Contaminating biopsy samples
- Misreading or misinterpreting test results
- Failing to provide test results to patients
Even though melanoma is a common cancer, not all doctors are equipped to notice the signs and take proper steps once health concerns arise. An experienced cancer malpractice lawyer can investigate your case and determine what went wrong with your diagnosis.
Consequences for Failure to Diagnose Skin Cancer and Misdiagnosis
Patients who receive an incorrect diagnosis or no diagnosis at all are at risk of having the cancer spread throughout their body. If this happens, they are more likely to require aggressive treatment to live. Sadly, many delayed cancer cases result in the patient’s untimely death, made all the more frustrating because it could have been avoided had the medical professional taken the proper steps to provide a correct cancer diagnosis.
A misdiagnosis of cancer, in which a patient is told they have cancer when they do not, can also cause problems. A false cancer diagnosis may subject the patient to unnecessary surgeries and harmful medical treatments they did not require. It can also lead to unduly burdensome emotional stress for the victim and their family.
Surviving Skin Cancer
When cancer is caught early, the chances of a positive patient outcome are much higher. However, if cancer has the opportunity to spread before the patient begins receiving treatment, the survival rate is much lower. The five-year survival rate for melanoma when the cancer is localized is greater than 99%, according to the American Cancer Society. However, the survival rate once the cancer has spread to distant regions in the body is only 35%.
Skin Cancer Treatment
The medical treatments cancer patients receive will largely depend on the stage of cancer they have, as well as individual factors, such as their responsiveness to treatment, age, and general health. The treatment of skin cancer may include one or more of the following:
- Surgery
- Chemotherapy
- Radiation therapy
- Targeted drug therapy
- Immunotherapy
Skin cancer treatments may be ongoing until no more cancer cells are detected. You may be concerned about your ability to pay when facing such expensive treatments. With the help of experienced legal representation, you may be able to obtain financial compensation from the party responsible for your failed diagnosis.
Compensation Recoverable in Cancer Misdiagnosis Lawsuits
If you did not receive a timely diagnosis of skin cancer and the cancer has spread as a result, you may be entitled to compensation. At Powers & Santola, LLP, we can seek compensatory damages on your behalf, which aim to return you to the position you would have been in had your cancer been appropriately diagnosed and include compensation for losses such as:
- Medical bills for additional surgeries and past and future medical expenses
- Physical therapy
- Drug therapies
- Payment for mental health care and palliative care
- Lost wages and loss of future earnings
- Physical and emotional pain and suffering
- Mental anguish
- Reduced quality of life
- Loss of enjoyment of life
The actual cancer misdiagnosis compensation you may be able to receive will depend on factors specific to your case. There are no average payouts for these types of cases since every case is unique. A cancer attorney can carefully review your case and explain the damages you may be entitled to.
If a loved one dies as a result of the failure to diagnose skin cancer, a skilled cancer misdiagnosis attorney from Powers & Santola, LLP can discuss the possibility of pursuing a wrongful death claim. Through this type of cancer malpractice lawsuit, surviving family members may be able to recover costs for funeral and burial expenses, loss of financial support, and loss of services while holding the at-fault doctor accountable for the harm they caused.
What Do I Have to Prove to Win My Medical Malpractice Lawsuit?
In a cancer misdiagnosis case, you must show that the healthcare provider you name as the defendant had a professional standard of care, violated this duty of care, and caused you damages.
Generally, the professional standard of care for someone with risk factors and a family history of skin cancer involves regular screenings for skin cancer. However, a primary care physician may not be knowledgeable about the appearance of melanoma or other forms of skin cancer. They may fail to refer the patient to a specialist, commit treatment errors, or fail to biopsy skin samples.
New York follows the locality rule, so courts consider what a reasonably prudent doctor in the same specialty and geographic area would have done under similar circumstances. If you can prove that another doctor of these characteristics would have requested screenings, evaluated you further, or done something different that would have led to an earlier diagnosis of cancer, you may be able to recover compensation for the harm you’ve suffered.
What Is My Case Worth?
Cancer misdiagnosis compensation figures can vary widely. Every case is different and presents unique factors. Some of the factors that can affect your case’s value include:
- Your age and general health
- What stage cancer do you have
- The stage cancer would have been in had the doctor not acted negligently
- The cost and type of medical treatment you received
- The extent of your pain and suffering
An experienced cancer misdiagnosis attorney can review your case in depth to explain what compensation you may be able to receive.
Contact Us for a Free Consultation to Learn About Your Legal Rights
At Powers & Santola, LLP, we provide compassionate care for people harmed by others’ negligence. We work on a contingency fee, so you do not have to pay us anything upfront to begin work on your case. We can discuss your legal rights and options during a free case review you can schedule through our online contact form. We have offices throughout Upstate New York.
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