Can a Failure to Diagnose Cancer Potentially Be Deadly?

 Posted on December 31, 2024 in Medical Malpractice

Recently, a 40-year-old man settled a claim against a Chicago hospital for failure to diagnose his bowel cancer in a timely manner. The man went to the hospital with acute abdominal pain almost four years ago. Appendicitis was diagnosed following a CT scan, which also indicated a potentially cancerous area on the bowel with a notation that a colonoscopy was required to confirm bowel cancer.

The man was then discharged from the hospital without being told of the findings or that he needed a colonoscopy to confirm the suspicion of bowel cancer. Months later, after subsequent bowel issues, the man learned he had colon cancer and began recommended chemotherapy. While his cancer is now in remission, the plaintiff claimed in his lawsuit that if he had been properly informed of the potential bowel problem at the time he was hospitalized, he could have avoided chemotherapy, and his five-year survival rate would be higher.

The defense asserted it was the plaintiff’s responsibility to follow up with his own doctor after discharge; however, the jury was not persuaded and found in favor of the plaintiff. Failure to diagnose any medical issue can have devastating effects. Failure to diagnose cancer can potentially be deadly. If you or a loved one are dealing with a medical issue that a doctor failed to properly diagnose, you could benefit from speaking to an experienced Chicago, IL medical malpractice attorney.  

What Is Failure to Diagnose?

When a medical provider fails to recognize symptoms that could potentially indicate a serious condition, this is known as failure to diagnose. Failure to diagnose a condition or disease that could be deadly can lead to extreme suffering by the patient and even death. Incidences of failure to diagnose include:

• A doctor or medical provider does not investigate symptoms reported by the patient.
• A doctor or medical provider fails to refer a patient to a specialist.
• Patient lab results are misinterpreted by the doctor or medical provider.
• A medical provider or doctor fails to recommend a test or screening for a patient with a history of a certain disease in his or her family or for a patient with clear symptoms.
• A doctor or other medical provider fails to properly follow up with a patient.

Failure to diagnose is the number one cause of medical malpractice lawsuits. Conditions that are most often misdiagnosed and could warrant legal action include breast cancer, colon cancer, lung cancer, melanoma, heart attacks, lymph node inflammation, meningitis, fetal distress, stroke, and staph infection.

What Happens When Cancer is Not Properly Diagnosed?

Cancer is the most commonly undiagnosed or misdiagnosed condition and is considered one of the "Big Three" diagnostic errors, along with infections and vascular events. Breast cancer, cervical cancer, prostate cancer, colon cancer, bowel cancer, ovarian cancer, lung cancer, and skin cancer are among the most commonly misdiagnosed or undiagnosed conditions, with lung cancer taking the top spot.

When cancer is not diagnosed in a timely manner, it can grow and spread into the lymph nodes and other organs, making it impossible to remove it surgically. Cancer that has spread to other parts of the body may not respond as well to traditional treatments like chemotherapy and radiation, and the long-term survival rate may be significantly lower. There is a statute of limitations in IL for medical malpractice of two years (four in some cases), so the sooner legal assistance is sought for failure to diagnose cancer, the better the outcome may be.

Contact a Chicago, IL Failure to Diagnose Medical Malpractice Lawyer

Being diagnosed with cancer is traumatic enough without finding out that if you had been properly diagnosed initially, you might have had a much better long-term prognosis. Medical malpractice claims can be extremely complex, requiring the services of a knowledgeable Chicago, IL medical malpractice attorney from Winters Salzetta O'Brien & Richardson, LLC. We will aggressively fight for your rights and your future as we treat you with the dignity and respect you deserve. Call 312-236-6324 today to schedule your free consultation.