Albany Failure to Diagnose Uterine Cancer Lawyers

There are no screening tests for uterine cancer. A Pap smear will not reveal uterine cancer, though it can help diagnose cervical cancer. Patients who are concerned about uterine cancer should discuss them with their healthcare provider. Their doctor can ask about their symptoms, family history, and risk factors and perform a pelvic exam. Because a hormonal imbalance can lead to uterine cancer, checking hormone levels may help uncover the problem.

However, the only definitive way to determine if someone has uterine cancer is to take a biopsy of the potentially cancerous tissue in your body. Your healthcare provider may complete an endometrial biopsy by inserting a thin, flexible tube through your cervix into your uterus. The tube uses suction to remove a small amount of endometrial tissue. 

Alternatively, your doctor could use a hysteroscopy, which involves a tiny telescope inserted into your uterus. This uses light and a camera so your doctor can spot any abnormalities and extract them for microscopic examination. 

Your doctor will typically send the sample to a lab where a pathologist examines it for cancer.

Other diagnostic tests and tools that medical professionals may use to identify and track uterine cancer include:

• A CA-125 assay blood test to detect if you have a certain amount of protein associated with cancer in your body
• CT scans, which take detailed pictures of the body and may help show if the disease has spread to the bladder, rectum, or other organs
• Transvaginal ultrasounds, which involve a probe that is inserted into your vagina to take pictures of your uterus
• Cystoscopy, which involves placing a lighted tube into the bladder so your provider can better visualize the presence of cancer

Your doctor can discuss the various options available to you and the risks and benefits of each.

A failure to diagnose uterine cancer is different from a misdiagnosis of uterine cancer. A misdiagnosis occurs when a doctor diagnoses a patient with a condition they do not have, usually because they present similar symptoms. In a missed diagnosis case, the doctor tells the patient there is nothing wrong with them, and the patient’s condition deteriorates because they are not receiving the medical treatment they need for their condition. 

A failure to diagnose is a dangerous diagnostic error, especially for cancer patients who need a timely diagnosis to have the best chance of surviving the disease. Without a definitive diagnosis and responsive treatment, the patient can rapidly lose their chance of survival.

What Leads to Uterine Cancer Misdiagnosis or Failure to Diagnose?

Today, doctors have state-of-the-art technology to help them more accurately and quickly diagnose patients with medical conditions. When they fail to diagnose patients with the correct condition, it is usually because they have not listened, did not notice warning signs of the condition, or failed to take timely action due to medical malpractice. Some problems that can lead to a failure to diagnose uterine cancer include:

• Failing to ask about a patient’s pertinent medical and family history 
• Failing to perform pelvic exams
• Failing to refer the patient to a gynecologist for further evaluation
• Failing to order a timely endometrial biopsy
• Conducting a biopsy incorrectly
• Mishandling biopsy specimens
• Failing to read or interpret test results or lab findings properly
• Failing to recommend a hysterectomy as appropriate
• Failing to communicate test results to a patient
• Failing to order appropriate follow-up tests when cancer symptoms are present

Many healthcare providers may be involved in an endometrial cancer diagnosis. Their failure to communicate or share pertinent information can lead to life-altering results.

How Many Cancer Cases Are Misdiagnosed?

While you expect your healthcare team to use their considerable knowledge and experience to diagnose you accurately, diagnostic errors in medicine are incredibly common. Researchers at Johns Hopkins estimate that 80,000 to 160,000 injuries and deaths to patients occur each year as a result of misdiagnoses. This number is not even considering the number of injuries and deaths that occur because of other forms of medical malpractice. 

Surviving Uterine Cancer

Endometrial cancer is the most common form of cancer affecting the reproductive system of women and people assigned female at birth in the United States. Here, approximately 3% of women and people with AFAB will receive a diagnosis of uterine cancer during their lifetime. Annually, about 65,000 people are diagnosed with this condition.

Uterine cancer is treatable, but the prognosis largely depends on the stage in which the cancer is diagnosed. The five-year survival rate for endometrial cancer is 81%, according to the American Cancer Society. While the five-year survival rate for regional cancer in which the cancer has not spread outside the uterus is 95%, it is only 17% when it spreads to other parts of the body. Early detection and treatment are critical to positive health outcomes.

These sobering statistics underline the potential danger of the failure to diagnose uterine cancer in a timely manner. 

Consequences of a Missed Diagnosis of Uterine Cancer

In addition to receiving a possible death sentence, there are other consequences of a missed diagnosis of uterine cancer. Patients may have to undergo more intensive forms of medical treatment when the cancer has spread, such as radiation and therapy. They may require a hysterectomy. They may have to deal with infertility and an early onset of menopause. 

Many cancer patients who receive an untimely diagnosis suffer from an extreme decrease in their quality of life.

Treating Uterine Cancer

Many people with endometrial cancer undergo surgery, often including a hysterectomy. Other forms of treatment may include:

• Chemotherapy, in which the patient receives powerful drugs to destroy cancer cells
• Radiation therapy which involves sending radiation beams to specific areas in the body to destroy cancer cells
• Hormone therapy, which provides or removes certain hormones to treat cancer
• Targeted therapy, which uses medicine in certain areas of the body to stop the spread of cancer
• Immunotherapy, in which the immune system is boosted to help it fight cancer

Your medical team can review your options and discuss the risks and benefits of each.

What Compensation Can I Recover in a Medical Malpractice Lawsuit?

If you suffered a delayed or missed diagnosis because of the negligence of a medical professional, you deserve to be fairly compensated. Through a medical malpractice lawsuit or insurance claim, you can seek compensation for your damages, which might include:

• Medical bills
• Costs for future medical care
• Lost income
• Lost earning capacity
• Loss of consortium
• Pain and suffering
• Emotional distress
• Reduced quality of life

In cases involving fatal uterine cancers, the surviving family members may be able to file a wrongful death claim. Under New York law, the personal representative can seek compensation for the surviving family members for damages, such as:

• Medical care for the victim before their death
• Burial and funeral expenses
• Lost wages the victim would have earned 
• Reduction in inheritance
• Loss of parental guidance
• Loss of services, such as childcare
• The victim’s conscious pain and suffering

An experienced medical malpractice attorney from Powers & Santola, LLP can identify all the damages you and your family may be entitled to.

How Much Is My Medical Malpractice Claim Worth?

Every medical malpractice case is different, so there is no average or set amount you can expect. The potential value of your medical malpractice claim will depend on factors specific to your case, such as:

• The identity of the defendant and their available medical malpractice insurance
• The circumstances surrounding the failure to diagnose 
• Your health and life expectancy before the medical error 
• Your earning capacity and the effect the failure to diagnose cancer had on it
• Your economic losses
• The extent of your pain and suffering

An experienced medical malpractice lawyer can review your case and determine its potential value. 

What Is the Deadline to File a Medical Malpractice Case in New York?

Under New York’s statute of limitations, you have two and a half years from the date you discovered that you had uterine cancer and that your doctor failed to accurately diagnose it or the day of the last treatment you received from the negligent medical professional. However, even if you did not discover the mistake until later, you have a maximum timeline of seven years to file a lawsuit after the negligent event. 

Why Should I Choose Powers & Santola to Represent Me?

We know that you have your choice of many law firms, but we believe some of the reasons you should consider hiring our legal team include:

• We are knowledgeable about this area of the law – Medical malpractice cases involve complex health and legal terms. 
• We have a network of experts – We work with medical professionals who have experience detailing medical errors in cases involving endometrial cancer, cervical cancer, breast cancer, ovarian cancer, colorectal cancer, and other types of cancer. We can obtain testimony from leading experts in the healthcare field about how you received an inadequate level of care and should be fairly compensated for the harm you’ve suffered.
• We are compassionate – We understand your health concerns. We can connect you to new doctors who can take your condition seriously. We advocate for you every step of the way, giving you the space and resources to heal.
• We offer a free, no-obligation case review – You can learn more about your legal rights and options and how it would feel working with us when you contact us for a consultation that comes at no cost or obligation from you.

Contact Us for Your Free Consultation Today

If a medical error resulted in a failure to diagnose uterine cancer that has impacted you, Powers & Santola, LLP can help. We want to protect your rights and seek maximum compensation for the harm you have suffered. Our attorneys have the skills, knowledge, and experience necessary to handle the most complex medical malpractice cases. We have several offices in Upstate New York, including Syracuse, Rochester, and Albany. Contact us today for a free and confidential case review.

Related:

Failure to Diagnose Breast Cancer 

Failure to Diagnose Cervical Cancer 

Failure to Diagnose Prostate Cancer 

Failure to Diagnose Skin Cancer