The lawyers of the Pittsburgh law firm of Meyers Evans Lupetin & Unatin have been handling cases of cancer misdiagnosis (with a focus on cervical cancer) 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.
Was a Cancer Diagnosis Delayed due to Negligence or Medical Malpractice?
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.
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.
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 diagnosis. Simultaneously or shortly thereafter, we perform intensive research both in our extensive medical library and on internet sites 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.
Cost of Filing a Claim in Cases of Cancer Misdiagnosis
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.
Determining A Settlement Amount In Cases Of Cancer Misdiagnosis Due To Negligence Or Malpractice
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 costs 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.
Pain & Suffering
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.
If the patient has died, in addition to medical malpractice claims, you may also have wrongful death and survival action claims.
Time Limits On Filing A Claim In Cases of Cancer Misdiagnosis due to Negligence or Malpractice
There is a statute of limitations on medical malpractice claims. In Pennsylvania, the statute of limitations is typically two years from the time of the injury, or 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.