Cancer Misdiagnosis Or Delayed Diagnosis

Pittsburgh Cancer Misdiagnosis Attorneys

With common forms of cancer such as cervical cancer and breast cancer, there are screening tests such as Pap Smears and Mammograms that are readily available to the public. The results of these tests must be evaluated by trained medical technicians and doctors. In some cases, these results are misread or blatantly ignored and cancer goes undetected and undiagnosed. In Pennsylvania, when a doctor fails to diagnose cancer even though the warning signs are present in the screening, they may be held responsible for medical malpractice.

The lawyers of the Pittsburgh law firm of Meyers Evans & Associates have been handling cases of cancer misdiagnosis due to medical malpractice for over 35 years. In claims where cancer has gone undiagnosed or is misdiagnosed due to medical negligence by a doctor, lab technician, or other medical professional, our Pittsburgh attorneys have the experience and resources to help you find the answers you deserve, and recover financial damages to help ease the burden for you and your family.

We have compiled a list of commonly asked questions for people that people dealing with misdiagnosis of cancer. If your questions are not answered here, or if you believe you have been wronged in the delayed diagnosis of cancer, we invite you to contact our law firm for a free consultation.

• What is your firm's experience handling cancer misdiagnosis claims in Pennsylvania?
• How do I know if I need to talk to a medical malpractice attorney about a cancer misdiagnosis case?
• How much will it cost to speak to an attorney in your Pittsburgh law firm?
• How do you determine whether or not I have a cancer misdiagnosis claim?
• From the time that I first contact your office, how long will it take for you to get us the help that we need?
• Will I have to go to court?
• How is a settlement amount determined in Pennsylvania?
• Is there a limit on the time I have in which to file a medical malpractice claim in Pennsylvania?
• Who can be held financially responsible and accountable in medical malpractice cases involving cancer misdiagnosis?
• Do I need to provide medical records?
• In the state of Pennsylvania, can the victim be compensated for pain & suffering?
• What if the patient has died?
• What if the patient is a homemaker and will not suffer loss of income?
• Can you recommend any other resources?
• Can you provide us with examples of cancer misdiagnosis cases you have handled?

 

Q. What is your firm's experience handling cancer misdiagnosis claims in Pennsylvania?

A. Over the last 35 years, Jerry Meyers has been dedicated to helping victims of delayed diagnosis or misdiagnosis of cervical cancer and other forms of cancer.

Cancer is a terrible disease. When carelessness on the part of a trusted doctor or other medical professional leads to a delay in diagnosis or the misdiagnosis of cancer, it's even worse. Jerry Meyers helps people recover compensation to ease the financial burden caused by cervical cancer that could have been avoided.

Q. How do I know if I need to talk to a medical malpractice attorney about a cancer misdiagnosis case?

A. Cancer is devastating, especially if it is not caught in its early stages. If you believe that an unnecessary or unexplained delay in cancer diagnosis led to lasting harm to the patient, you should contact a medical malpractice attorney with experience in cancer misdiagnosis cases.

Q. How much will it cost to speak to an attorney in your Pittsburgh law firm?

A. Our legal consultations are always free unless we recover money for you. During the course of our investigation into your cancer misdiagnosis claim, we advance any costs that we deem necessary in the proper handling of your case. If we do not recover money for you, you do not have to return any of the costs incurred associated with your case. This is called the Contingent Fee. For more information on how the Contingent Fee works, click here.

Q. How do you determine whether or not I have a cancer misdiagnosis claim?

A. The process of determining whether you have a valid medical malpractice claim for cancer misdiagnosis begins with an in-depth interview with the patient (when possible), and family members to determine whether there is reason to believe that improper medical management led to delayed or improper medical management.   Simultaneously or shortly thereafter, we perform intensive research both in our thousand+ volume medical library and on internet sites mostly subscribed to by physicians and hospitals. What we find during this stage will help us to determine whether or not we will need to pursue further investigation into your claim.

The next stage includes retrieval of medical records, including lab tests, X-Rays, CT Scans, ultrasounds, MRIs and mammograms, tissue slides and Pap smears as appropriate.

If at this point we have reason to believe standards of care have been violated and there has been medical malpractice that resulted in your misdiagnosis or delayed diagnosis or improper treatment of cancer, we will consult with independent experts to confirm our belief.

Q. From the time that I first contact your office, how long will it take for you to get us the help that we need?

A. The time required both to investigate and if appropriate to litigate (pursue a lawsuit) a cancer misdiagnosis claim is extremely variable. It depends on factors such as the difficulty of recruiting experts in particular specialties, the volume of medical records to be analyzed, and the index of suspicion that our early investigation generates, in most cases, in excess of a year or more.

Q. Will I have to go to court?

A. It is uncommon that a trial is required in medical malpractice cases, most medical are settled outside of the courtroom. This is to your advantage because the settlement of a claim permits the victim or their family to have direct input into the solution that is crafted as opposed to awaiting the decision of twelve strangers (the jury.)

Q. How is a settlement amount determined in Pennsylvania?

A. The following factors are considered when determining and agreeing upon a settlement amount.

• Establish the full extent of the injury or illness caused by medical malpractice.
• Determine the future needs of the cancer patient, including expected medical costs and cost associated with living with the illness, such as retrofitting of the home, devices and appliances that may be required, and long-term personal care.
• Determine the maximum recovery obtained in similar cancer misdiagnosis cases that may have set a precedent.
• Calculate how much the victim would have reasonably made in wages over the course of their lifetime or in the case of homemakers, their contribution to the needs of their family. For more information on the value of a homemaker, click here.
• Consider the risks associated with trial and compare those risks for the victim and defendant physicians and nurses or hospital.
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Q. Is there a limit on the time I have in which to file a medical malpractice claim in Pennsylvania?

A. Yes, there is a statute of limitations on medical malpractice claims. In Pennsylvania, in general  that statute of limitations is two years from the time of the injury, in this case the time of the diagnosis. There are other exceptions.  If you'd like to learn more about PA statutes of limitations, click here.

Q. Who can be held financially responsible and accountable in medical malpractice cases involving cancer misdiagnosis?

A. Any medical professional that was responsible for some aspect of your care, and was negligent or made errors that led to the delayed diagnosis, misdiagnosis or mistreatment of your cancer can be held responsible for negligence and malpractice. In addition, the hospital or facility in which the child was born may also be held financially responsible for the medical malpractice committed by their employees and the people they hold out as employees.

Q. Do I need to provide medical records?

A. No, our attorneys will retrieve your medical records. Any documentation you have pertaining to screenings, tests, and your diagnosis of cancer may be helpful.

Q. In the state of Pennsylvania, can the victim be compensated for pain & suffering?

A. As in most medical malpractice cases, a victim of delayed diagnosis or misdiagnosis of cancer can be compensated for pain and suffering based on the physical pain and emotional anguish they suffer as a result of the actions or inactions of their doctor or medical care provider. Click here to read more about pain and suffering. 

Q. What if the patient has died?

A. If the patient has died, in addition to medical malpractice claims, you may also have wrongful death and survival action claims. 

Q. What if the patient is a homemaker and will not suffer loss of income?

A. In cases where the victim was a homemaker, the law allows for what is called "Value of a Homemaker" which defines the financial damage based on the value of the services this person provided to the family and household.

Q. Can you recommend any other resources?

A. Winning a medical malpractice case takes time. We understand that in the meantime, you still have to survive – there are medical bills and regular costs of living that you need to attend to. Whenever possible, we will help you to find the resources you need to accomplish these things. We have helped people receive financial assistance from public agencies and, care for the patient while their claim is being investigated, processed, and resolved.

Q. Can you provide us with examples of cancer misdiagnosis cases you have handled?

A. We can provide you with broad examples, but due to a Pennsylvania Law called MCARE we cannot legally provide you with specific details. We can tell you that we have helped many cancer patients and their families recover monetary compensation. And of equal importance, we have through our investigations revealed to the physicians hospital staff and hospital administrative staff the nature of the errors made and the consequences of those errors in order to make it less likely that others suffer those injuries and losses our clients have suffered.