The National Institutes of Health (NIH) reports that lung cancer causes approximately 1.6 million deaths worldwide each year. Because it has one of the poorest survival rates among all forms of cancer, early detection is key to surviving this often-deadly disease. Unfortunately, over two-thirds of lung cancer patients are diagnosed at an advanced stage, which can severely limit their mortality and treatment options.
When doctors delay a proper diagnosis, cancer is allowed to spread. The survival odds dramatically decrease dramatically as the cancer spreads. The American Cancer Society estimates a five-year survival rate for localized lung cancer, 40% survival rate for regional cancer, and 12% survival rate for distant cancer. These dramatic differences highlight the importance of timely and accurate diagnoses of this disease.
Symptoms can present to alert attentive medical providers of lung cancer, including a persistent cough. However, when healthcare professionals don’t pay attention to this or other symptoms, or mistake them for another medical condition, they can irreparably harm patients.
If you suspect that your lung cancer diagnosis was failed or delayed due to the actions of a negligent healthcare provider, you should act quickly to protect your legal rights. Contact Powers & Santola, LLP immediately to discuss your case with an experienced attorney.
Why You Need the Legal Team at Powers & Santola, LLP If Your Lung Cancer Was Misdiagnosed
A lung cancer misdiagnosis could indicate medical malpractice, which occurs when a healthcare professional fails to adhere to the applicable standard of care and injures a patient as a result. Medical malpractice cases are notoriously complex because they involve a unique intersection of law and medicine. This, in turn, mandates that you work closely with an experienced medical malpractice lawyer who can help prove your case.
At Powers & Santola, LLP, our attorneys have the unique experience and qualifications to represent you capably in these matters. Four of our attorneys have been repeatedly recognized by their peers in The Best Lawyers in America for their excellence in medical malpractice law, and two have previously been named Medical Malpractice Lawyer of the Year.
Our law firm has been in place for nearly 40 years, and our attorneys have decades of experience fighting to help injured patients and victims recover compensation from the negligent parties responsible for their harm. Through our diligent efforts and unwavering dedication to client advocacy, we have established a long track record of success, winning hundreds of millions for our clients.
Most importantly, our lawyers never lose sight of the important work that we do for our fellow humans. We never treat you like a case number. We understand what is at stake and take it very seriously. At the same time, you can expect our entire team to treat you and your family with the respect and dignity that you deserve.
If you suspect that you may have legal grounds to file a medical malpractice case due to a delayed cancer diagnosis, contact us today. We can discuss your legal rights and options during a free consultation.
How a Medical Malpractice Lawyer Can Assist If Your Lung Cancer Was Misdiagnosed
When you have received the unsettling news that you have cancer – and that your condition has progressed beyond what it should have – you need your full time and energy dedicated to healing. You’re fighting for your life. While you do that, an experienced medical malpractice lawyer from our firm can handle all the legal aspects of your case, including:
- Investigating why the misdiagnosis occurred and how it could have been prevented
- Explaining New York medical malpractice laws to you and whether you have a viable legal claim
- Gathering and preserving valuable evidence that supports your legal claim
- Communicating with insurance companies and others on your behalf
- Consulting expert witnesses to obtain a certificate of merit and further bolster your claim
- Taking legal action before the statute of limitations expires
- Preparing a demand letter that fully accounts for all the harm you have suffered due to the negligent doctor’s actions or inactions
- Fighting for you in and out of court
When you call for your free case review, we can discuss how we can help and what you can expect when working with us.
Symptoms of Lung Cancer
The symptoms of lung cancer vary dramatically based on how far the disease has progressed.
Early symptoms of lung cancer are often subtle and may include the following:
Cough
One of the most noticeable symptoms of lung cancer is a cough. This can present as a persistent cough that won’t go away or a change in a chronic cough.
A cough accompanied by blood is also cause for concern. You should immediately see a doctor if you cough up blood or rust-colored mucus.
Shortness of Breath
Another physical symptom of lung cancer is shortness of breath. Difficulty breathing or wheezing are related symptoms.
Chest Pain
Individuals with chest pain could be showing a symptom associated with lung cancer, but this symptom can also indicate other conditions, like a heart attack or bronchitis. Lung cancer chest pain often worsens with deep breaths, coughing, or laughing.
Hoarseness
Hoarseness refers to a change in your voice, often making it sound raspy, weaker, or strained. While this symptom can indicate lung cancer, it can also be due to colds, overuse, or reflux, so healthcare providers often dismiss it.
Recurring Lung Infections
Lung cancer can sometimes present with recurring lung infections, such as bronchitis or pneumonia. However, a history of these infections could lead to a misdiagnosis of another episode of one of them.
Late-Stage Symptoms
The following are symptoms that lung cancer has advanced to a later stage:
- Fatigue
- Weakness
- Unexplained weight loss
- Loss of appetite
- Arm and shoulder pain
- Pain radiating from the chest
- Facial swelling
- Swelling in the neck or arms
- Difficulty swallowing
- Headaches
- Numbness
- Dizziness
- Balance problems
- Pain in your bones
Contact a doctor immediately if you are experiencing any of the persistent symptoms described above. The symptoms could serve as red flags for you and your healthcare team, indicating the need for further testing.
Why Lung Cancer Misdiagnosis Occurs
With all of the symptoms listed above and advances in medical technology, you might reasonably conclude that highly trained and skilled doctors could accurately diagnose your condition. Healthcare providers are trained to carefully review patients’ symptoms and reach a diagnosis after ruling out conditions that present with similar symptoms. Still, they may make mistakes due to various problems, such as:
- Attribution errors: Doctors commonly misattribute lung cancer symptoms to bronchitis, asthma, pneumonia, tuberculosis, COPD, allergies, or other medical conditions. This medical mistake can cause two types of problems: One, the patient is not receiving the care they need for the lung cancer they have. Two, they are receiving unnecessary and potentially harmful medical treatment for a condition they do not have.
- Failing to obtain sufficient information: In today’s health industry, doctors often spend minimal time with patients. In turn, patients spend most of their time during a doctor’s appointment waiting to be seen. This leaves little time for healthcare providers and their assistants to obtain the information needed to diagnose patients accurately. Still, this is their job. They should take a detailed history of health, family, and environmental factors to identify potential cancer risk factors.
- Ignoring patient history: Sometimes, a healthcare organization will have pertinent patient information to alert it to the possibility of lung cancer, but it simply ignores this history.
- Failing to account for gender differences: While lung cancer symptoms are similar for men and women, men tend to have squamous cell carcinoma, while women have adenocarcinoma. These versions of cancer begin in different locations in the lung, so healthcare providers who don’t consider this critical difference could unnecessarily delay diagnosis.
- Failing to order proper testing: Many diagnoses of lung cancer occur after an abnormal finding on an X-ray, CT scan, or other test. However, if the doctor never orders these tests, the diagnosis can be delayed.
- Imaging errors: Sometimes, X-rays and CT scans can miss signs of cancer, leading to a delay in diagnosis and treatment. For example, radiologists may not properly distinguish a lung lesion from surrounding lung structures. Radiologists must ensure that patients are properly positioned and still for tests to provide accurate results, so failing to take proper precautions can lead to a missed diagnosis.
- Communication errors: Healthcare providers may fail to discuss a patient’s symptoms and history with other providers who have interacted with the patient. They could also fail to follow up after requesting tests, leaving them without the test results they need.
- Delayed referrals: When medical staff fail to recognize signs of lung cancer, they may fail to refer the patient to an oncologist or respiratory expert. This could constitute negligence on their part and subject them to civil liability.
These mistakes are preventable when healthcare providers take the time to assess their patients and properly determine their condition.
Signs of a Lung Cancer Misdiagnosis
If you have a later-stage cancer, it is possible that your diagnosis was late, delayed, or missed. Some signs of this include:
- Your condition has worsened or is not going away.
- Your healthcare provider is being secretive.
- You have not received contact from your healthcare provider.
- You are not being given copies of your medical records after requesting them.
Financial Compensation You Can Recover After a Delayed Diagnosis of Lung Cancer
Finding out that the healthcare provider you trusted for your treatment has caused you possibly irreparable harm is a terrifying experience. You might not know where to turn for help or how you will possibly pay so many expensive medical bills. What’s more, you shouldn’t have to pay the consequences because of someone else’s careless behavior.
By filing a personal injury claim, you can seek financial compensation to cover losses that have a direct economic impact, as well as those that have more of an emotional impact. Our experienced medical malpractice attorneys can work to identify all damages you’ve sustained and have a right to recover compensation for, including:
- Additional medical bills you incur to have your condition accurately diagnosed
- Chemotherapy, radiation, surgery, and other expensive forms of treatment are necessary due to the spread of cancer in your body
- Ongoing medical treatment, including rehabilitation and therapy
- Anticipated future medical expenses, as described by a medical expert
- Lost wages and lost income due to seeking medical treatment and your recovery
- Reduced earning capacity if you have been left permanently disabled due to cancer
- Travel costs to attend medical appointments
- Physical pain and suffering caused by the disease itself, as well as more aggressive forms of treatment
- Emotional distress from worrying about your mortality
- Reduced quality of life and loss of enjoyment of life
If you are the loved one of someone who received a late diagnosis of lung cancer and died from the disease, you can consider pursuing a wrongful death claim on their behalf.
Financial Strain
Because less invasive treatments may not be available, healthcare providers may resort to more aggressive, expensive options.
Contact Powers & Santola, LLP for a Free Case Consultation
Did your Albany doctor dismiss your persistent cough or other symptoms of lung cancer? If so, they may have committed medical malpractice and be legally responsible for the unnecessary harm they’ve caused you.
The experienced legal team at Powers & Santola, LLP can fight to hold the negligent party or parties responsible for their careless behavior. We have had ample success in similar cases and can apply our considerable experience and skill to help you.
Contact us today for a free, no-obligation consultation to discuss your situation in confidence.
