If you’ve been told that you’re healthy, only to discover later that you had cancer, the doctor who failed to diagnose you may be liable for damages. But what is the cancer misdiagnosis claim process in Michigan? Someone may be able to file a cancer misdiagnosis claim if a medical professional fails to properly diagnose their cancer
This type of medical negligence can have devastating consequences for the patient, leading to unnecessary treatments, worsened conditions, and, in many cases, loss of life.
If you or someone you love has been the victim of a wrong or delayed cancer diagnosis, a Michigan cancer misdiagnosis attorney at Lipton Law can help. Our medical malpractice attorneys will guide you through the cancer misdiagnosis claim process and fight to secure the compensation you deserve.
Call (248) 557-1688 or contact us online to schedule a free consultation with us today.
What is a Misdiagnosis of Cancer Claim?
A cancer misdiagnosis claim is a legal claim that a person can file when a doctor fails to diagnose that person’s cancer. It’s considered malpractice when the doctor should have diagnosed the patient’s cancer, and the mistake caused the patient to suffer damages.
This kind of mistake can result in a delayed cancer diagnosis, an incorrect cancer diagnosis, or even a missed cancer diagnosis altogether. In Michigan, the cancer misdiagnosis claim process allows victims of medical negligence to seek justice through financial compensation.
Consequences of Cancer Misdiagnosis
Medical malpractice is a major concern among patients throughout Michigan and beyond. When a doctor or healthcare provider fails to diagnose cancer, it can lead to irreversible damage. Breast cancer, lung cancer, pancreatic cancer, prostate cancer, and other cancers rely heavily on early detection and treatment options.
A misdiagnosis or delayed diagnosis can allow cancer to progress, leaving patients with fewer treatment options and a lower chance of recovery. The harm caused by such medical accidents can lead to psychological trauma, physical pain, and a lost opportunity for an earlier, more successful treatment plan.
Process of Filing a Cancer Misdiagnosis Lawsuit in Michigan
Filing a cancer misdiagnosis lawsuit in Michigan is a detailed process that begins with gathering evidence, proving negligence, and taking appropriate legal action. Understanding each step in this process is essential to accurately pursue your claim and secure financial compensation for medical expenses, pain and suffering, and other damages.
Gathering Evidence
The first step in any cancer misdiagnosis claim is to gather evidence. This includes reviewing all relevant medical records such as test results, imaging scans, biopsy reports, and notes from your doctor’s visits. A thorough review of these documents will help establish whether the healthcare provider made an error in diagnosing your cancer or failed to diagnose it at all.
Evidence will reveal where diagnostic errors occurred and help support your claim.
In some cases, errors could involve incorrect medical records, miscommunication between doctors or labs, or failure to conduct the appropriate diagnostic tests. It’s essential to consult with a Southfield malpractice attorney who can examine your medical records and provide an informed opinion on your case.
Proving Negligence
To win a cancer misdiagnosis lawsuit, you must prove that medical negligence occurred. Negligence in medical malpractice cases is the failure to meet the standard of care that a reasonable healthcare provider would offer. In the case of a cancer diagnosis, this could include a failure to order the right diagnostic tests, misreading test results, or a failure to act on symptoms.
Our team at Lipton Law has a proven track record of helping clients win medical malpractice cases, including those involving cancer misdiagnosis claims. We will work diligently to prove that your healthcare provider’s negligence led to a delayed or incorrect cancer diagnosis and fight to secure the compensation you deserve.
Filing a Lawsuit
Once we’ve gathered the evidence to prove medical negligence, the next step is to file a cancer misdiagnosis lawsuit. This involves preparing and submitting a formal complaint to the court. The complaint will outline the details of the delayed or wrong diagnosis and identify how the healthcare provider’s actions or inactions contributed to the harm. It will also describe the damages caused by these errors, including medical expenses, pain and suffering, emotional distress, and lost income.
The complaint will detail how the diagnostic errors negatively affected the patient’s health, treatment, and life. It may also include claims for unnecessary or incorrect treatment that caused further harm.
At Lipton Law, we will ensure your case is filed correctly and within Michigan’s statute of limitations for medical malpractice claims. Our legal team will manage all aspects of your lawsuit, from the paperwork to the court filings, and guide you through the process.
Negotiating a Fair Settlement
Lawyers handle a number of cancer misdiagnosis cases outside of court. The negotiation process involves back-and-forth discussions between both parties, where each side exchanges evidence and presents arguments regarding the damages.
The goal is to reach a settlement that fairly compensates the victim for the harm caused by a wrong or delayed cancer diagnosis. In these situations, the defendant’s insurance company will typically make an initial settlement offer to compensate the victim for their medical expenses, lost wages, and emotional distress.
Our team at Lipton Law will handle these negotiations on your behalf, ensuring that the settlement offer is fair and appropriate. We will present thorough evidence, including medical records and expert opinions, to demonstrate the full extent of the harm caused by medical negligence. If the defendant’s offer is insufficient, we are fully prepared to take your case to trial and fight for the compensation you deserve.
Going to Trial
If both sides can’t reach a fair settlement, the case will proceed to trial. Going to trial allows both sides to present evidence, call witnesses, and introduce expert testimony. This may include medical professionals who can testify about the standard of care, as well as independent medical experts who can speak to the misdiagnosis and the impact it had on the patient’s health. Both sides will have the opportunity to argue their case, and a judge or jury will determine the outcome based on the evidence presented.
At Lipton Law, we have extensive experience in handling medical malpractice cases, including cancer misdiagnosis lawsuits. We understand that going to trial can be daunting, but we are fully prepared to represent you throughout the process. From selecting expert witnesses to presenting compelling evidence of medical negligence, our goal is to build a strong case that supports a successful cancer misdiagnosis claim.
Reasons Cancer Patients Are Often Misdiagnosed
There are several reasons why cancer patients are frequently misdiagnosed, including diagnostic errors, failure to order the appropriate tests, and doctors’ negligence. Understanding these reasons can help you determine if you have a valid misdiagnosis claim.
Cancer Can Mimic Other Illnesses
Cancer can present symptoms that closely resemble other, less severe conditions. For example, breast cancer may be confused with benign breast cysts, while lung cancer may be mistaken for a simple cough or bronchitis. Prostate cancer may be misdiagnosed as benign prostate hyperplasia. There are many different conditions that can be mistaken for cancer, and vice versa. This is why early detection and regular diagnostic tests are so important in ensuring that cancers are caught at the earliest possible stage.
Problems With Tests and Screenings
Diagnostic errors are one of the leading causes of a missed diagnosis. These errors can occur at various stages in the diagnostic process. Some potential testing and screening issues can include:
- Doctors Misreading Results: The misinterpretation of diagnostic tests, such as X-rays, mammograms, or CT scans, can lead to a wrong diagnosis or a missed diagnosis.
- Doctors Failing to Order the Right Tests/Screenings: If a doctor fails to order the correct diagnostic tests, such as biopsies or specialized scans, cancerous cells may go unnoticed. This can prevent an accurate cancer diagnosis or delay early detection, and could even cause the patient to undergo the wrong treatment.
- Labs and Doctors Miscommunicating: If medical professionals do not properly communicate test results or act upon them, cancer cells may go undetected. This can result in a delayed diagnosis and the patient receiving treatment that is ineffective.
- Doctors Failing to Conduct Tests Properly: Sometimes, medical professionals do not properly perform diagnostic tests. This could cause them to miss a cancer diagnosis, leading to delayed treatment or even incorrect treatment.
- A Doctor’s Failure to Act: Sometimes, doctors see evidence of illness, but fail to take action, for one reason or another. If a doctor fails to refer the patient to a specialist or conduct a thorough examination, the patient may suffer from a delayed cancer diagnosis. This can allow the cancer to progress, which may then require extensive treatment or result in a more severe prognosis.
Doctors may fail to act with patients by failing to refer the patient to a specialist or failing to thoroughly examine the patient’s case. If you or a loved one has suffered due to a doctor’s failure to act, contact a Michigan delayed diagnosis lawyer at Lipton Law today.
How the Michigan Medical Malpractice Lawyers at Lipton Law Help with Cancer Misdiagnosis Claims
At Lipton Law, our Michigan medical malpractice lawyers can help victims of cancer misdiagnosis through the claims process and help them secure the compensation they deserve. Below are some of the ways we prove medical misdiagnosis and assist with claims for misdiagnosis.
Determine the Validity of Your Claim
At Lipton Law, we will carefully review your medical records and diagnostic tests to assess the validity of your cancer misdiagnosis claim. Unlike other medical malpractice firms, our law firm employs multiple nurses who help evaluate every malpractice case we take on. Our team will carefully examine the evidence surrounding your claim to determine whether medical negligence occurred. From there, we’ll provide you with an honest assessment of your case.
Guide You Through the Process
Once we determine that you have a valid claim, we’ll help guide you through the legal process. We’ll ensure you have the best chance at full and fair compensation. We understand that pursuing a medical negligence claim can feel overwhelming. Our team will guide you every step of the way, explaining the process, answering your questions, and providing support throughout your legal journey.
Negotiate a Settlement or Represent You in Court
We can help you obtain a fair settlement, whether inside or outside of court. We will aggressively advocate for your rights, working tirelessly to secure financial compensation for your losses. If your cancer misdiagnosis claim is successful, you may be entitled to a variety of damages, including:
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- Medical expenses
- Pain and suffering
- Lost wages
- Punitive damages
- Loss of enjoyment of life
- Ongoing medical care
- Funeral and burial expenses, in the event of a wrongful death
At Lipton Law, our personal injury lawyers have a proven track record of securing compensation for clients in medical malpractice and cancer misdiagnosis cases. For example, we secured a $3.15M medical malpractice settlement for a woman whose breast cancer was misdiagnosed. We aim to hold medical professionals responsible for their negligence and seek fair compensation for your damages.
Statute of Limitations for Cancer Misdiagnosis Cases in Michigan
According to MCL – Section 600.5805(8), the statute of limitations for medical malpractice claims in Michigan is 2 years from the date the medical error occurred, or 6 months from the date that the error is discovered. However, Michigan also has a 6-year statute of repose, which prevents individuals from filing a formal complaint against healthcare providers if more than six years have passed since the medical errors took place.
Received an Incorrect Cancer Diagnosis, a Delayed Cancer Diagnosis, or a Missed Cancer Diagnosis? Call Lipton Law Today!
If you or a loved one was wrongly diagnosed with cancer or experienced a delayed or missed diagnosis, it’s essential to take action. Medical mistakes like these can have serious consequences, causing unnecessary pain, delayed treatment, or even life-threatening outcomes.
When doctors fail to diagnose cancer accurately and on time, patients may suffer lasting physical, emotional, and psychological harm. In the most tragic cases, these errors can result in wrongful death.
The legal team at Lipton Law is dedicated to helping you fight for the justice you deserve. We are ready to help you file your cancer misdiagnosis claim and secure the compensation you need to move forward. We can help victims of malpractice file claims for a variety of common cancers, including breast cancer, colon cancer, prostate cancer, skin cancer, lung cancer, and more.
Call (248) 557-1688 or contact us online for a free consultation. Let us be the advocates you need to get the results you deserve.