Some lung cancer misdiagnoses occur because doctors miss warning signs or fail to order appropriate tests. In others, they occur because healthcare providers don’t pay enough attention to the test results, conduct the test improperly, or misinterpret test results. In these situations, you need a skilled medical malpractice attorney who can carefully review your medical records, tests, and legal options for pursuing compensation from the party or parties responsible for your missed diagnosis. Contact Powers & Santola, LLP for a free consultation.
Tests for Detecting Lung Cancer
The U.S. Preventive Services Task Force says that a patient should be screened for lung cancer if the following apply:
- They are at least 55 years old and have a history of smoking.
- They have a 20 pack-year smoking history.
- They currently smoke or quit within the last fifteen years.
A pack-year is when someone smokes an average of one pack of cigarettes every day within a year. For example, if a person smoked two packs a day for ten years, they would be considered to have a 20 pack-year history.
When a patient meets any of the criteria above or describes symptoms associated with lung cancer (such as shortness of breath or a persistent cough), primary care physicians should order appropriate tests.
- X-rays: Chest X-rays may be taken to detect lung cancer. These X-rays are typically Posteroanterior (PA) and Lateral, which depict a comprehensive evaluation of the heart, lungs, and diaphragm. During the PA X-ray, the patient stands facing the detector while the X-ray beam passes from back to front. This minimizes magnification of the heart to depict accurate sizes. The PA provides a primary detailed image. The lateral view clarifies structures obscured by the heart or ribs. For a lateral view, the patient stands with their side against the detector, providing a profile view of the thoracic cavity. This latter X-ray identifies issues such as pleural effusions or nodules behind the heart.
- Laboratory studies: Laboratory studies for lung cancer diagnosis include routine blood tests and specialized molecular testing. These tests help determine the type of cancer and treatment options.
- Pulmonary function tests: Pulmonary function tests are breathing tests that measure lung capacity and efficiency. They don’t diagnose the cancer itself, but they assess breathing capability to help determine if the patient can safely have surgery or tolerate chemoradiation treatments.
- Low-dose CT scans: This is a special type of X-ray. It takes multiple detailed pictures of the lungs. Healthcare providers then analyze the pictures to help detect lung cancer.
If the patient has warning signs of lung cancer, a history of smoking, or a family history of lung cancer, healthcare providers should order these tests to help detect lung cancer as soon as possible. If suspicious findings appear on X-ray film, the medical provider should order a more sophisticated test, such as a CT scan. These tests can help detect abnormal nodules in the lung.
How CT Scans or X-Rays Can Lead to a Missed Lung Cancer Diagnosis
Even when healthcare providers order the tests they need, they can still make diagnostic mistakes. They may miss small opacities in lobes. They may mistake abnormalities as chronic, rather than irregular.
Radiologists may report stable chronic interstitial changes with no pulmonary disease in error. They may fail to properly report or detect an irregular infiltrate or mass that increased in size over time.
They may fail to communicate when abnormal findings were made. When comparing an initial test and a follow-up test, they may fail to note changes.
When radiologists fail to note and report nodules or masses that may indicate lung cancer, they can delay diagnosis and treatment. When they find a concerning mass, healthcare providers may fail to confirm resolution, order additional imaging, or complete a CT scan and biopsy.
Who Is Responsible for a Lung Cancer Misdiagnosis?
Various parties may be involved in the detection – or lack thereof – of lung cancer. A primary care physician may have failed to order the necessary tests. The doctor who ordered the test and misinterpreted it could be to blame. The radiologist may have failed to note abnormalities.
When imaging was performed, and the radiologist or ordering physician failed to identify a visible abnormality, both parties could be responsible for the misdiagnosis. An experienced medical malpractice attorney can investigate your case to determine what mistakes were made in your delayed diagnosis and who was responsible for them.
What You Have to Prove to Win a Medical Malpractice Claim
Medical malpractice claims are some of the most complicated personal injury cases. As the plaintiff in a medical malpractice case, you and your lawyer will have to be able to prove the following legal elements by a preponderance of the evidence:
Valid Doctor-Patient Relationship
Medical malpractice claims are based on the foundation of a doctor-patient relationship. This means that the defendant must have been providing medical treatment related to your case. This relationship establishes the duty of care the doctor owes to the patient.
Breach of Professional Duty of Care
The next element that you must prove is that the healthcare provider breached their duty of care. All healthcare providers are expected to uphold certain standards of care that are accepted in the medical community. This standard is based on the level of care that another medical provider in the same specialty and geographic area would have provided under similar circumstances.
This breach could be based on something the doctor did wrong, such as misinterpreting test results, or on an omission of something they should have done, such as ordering a chest X-ray. If the healthcare provider deviated from the standard of care, you may be able to file a medical malpractice claim if you can also show the following elements.
Causation
Next, you must be able to show a causal link between the breach of the duty of care and the delayed or missed diagnosis. It is necessary to show how the medical professional’s negligence resulted in delayed treatment, disease progression, or worsened physical or emotional suffering.
Damages
Ultimately, medical malpractice claims seek to make the victim whole again after they have been harmed due to the negligence of their healthcare provider. This is done by awarding damages to the victim or their family. Damages compensate for the economic and non-economic damages the victim endured, including:
- Additional medical expenses
- Lost wages
- Reduced earning capacity
- Physical pain and suffering
- Mental anguish and emotional distress
- Decreased enjoyment of life
The Role of Medical Experts in Medical Malpractice Cases
Medical malpractice cases typically require a medical expert. First, New York law requires a certificate of merit, completed by a qualified expert, explaining why the delayed diagnosis is medical malpractice and that there are legal grounds to file the case. Second, medical experts may testify during the trial, explaining complex medical topics so that the judge and jury can understand how the medical provider’s mistake resulted in your lung cancer going undetected and growing. Powers & Santola, LLP has an extensive network of experts that we work with to strengthen our clients’ cases.
Financial Compensation You Can Recover in a Medical Malpractice Case
Powers & Santola, LLP has a history of recovering record-breaking results for injured clients. We know how devastating a delayed or missed diagnosis can be for a patient and their family. We work tirelessly to recover complete compensation for the harm you and your family have suffered.
We factor in mounting medical bills and address future care needs. You may require future surgeries, specialized medical equipment, expensive treatments like chemotherapy and radiation, attendant care costs, and other medical needs. We also account for the economic losses you suffer because of the delayed diagnosis, such as lost wages to complete your treatment and the long-term loss to your earning potential.
We also address the negative emotional impact that the delayed diagnosis has had on your life. We account for physical pain and suffering, mental anguish, and the loss of the relationship and companionship with loved ones.
How a Skilled Medical Malpractice Lawyer Can Help
Medical malpractice cases are complicated, requiring the assistance of a sophisticated attorney with in-depth knowledge of the relevant rules and procedures. A medical malpractice lawyer can help with all legal aspects of your case, including:
- Identifying all parties who contributed to your delayed diagnosis
- Gathering compelling evidence
- Working with expert witnesses to further bolster your claim
- Accounting for all of the damages that you sustained
- Explaining all of your legal options for recourse
- Demanding your rightful compensation
With Powers & Santola, LLP on your side, you can rest assured that you have a capable legal team. We help navigate the complexities of the legal process, answer your questions, and stand beside you every step of the way.
Contact Powers & Santola, LLP for a Free Consultation
If your healthcare provider acted negligently and caused you to suffer a delayed diagnosis of lung cancer due to X-ray or CT scans, Powers & Santola, LLP can help. We fight to protect your rights and to bring attention to systemic failings so that similar events can be avoided in the future. Contact us today for a free case review.
