Cancer Misdiagnosis (Personal Injury)
Cancer Misdiagnosis Attorney in Philadelphia, PA
According to the American Cancer Society, studies estimate that there will be 1.9 million new cancer cases and 609,360 cancer deaths in the US in 2022. The early and accurate diagnosis of cancer is crucial to surviving this deadly disease. However, there are times that doctors fail to properly check for cancer, leading to immense pain and suffering. In extreme cases, this mistake can lead to death.
At The Villari Firm, PLLC, we know how difficult it is for those with cancer to have their illness misdiagnosed. We’ve seen families suffer because of another person’s careless actions. If you or a loved one has suffered injury from a missed cancer diagnosis, our Philadelphia cancer misdiagnosis attorney is committed to fighting for you!
A cancer patient has more than enough on their plate. Legal issues are usually the last thing in their mind. However, it’s important to hold the parties accountable. Call our trusted personal injury law firm today if you want justice for yourself or your loved ones!
If you suspect that you received substandard medical care, call 267-388-9429 or contact us online. We offer a free, no-obligation consultation to review your case.
Why do I Need a Cancer Misdiagnosis Attorney in Philadelphia, PA.?
We entrust our medical care to our medical experts. After all, they’ve spent years studying how to identify and cure sickness. Failure to make an accurate diagnosis is not typically reason enough for a civil lawsuit. The law requires the plaintiff to prove three elements before justice can be served. A person not well-versed in the practice area of personal injury and medical malpractice may miss crucial details that will cause you to lose your case.
If you want to win your case and receive compensation for your injuries, you need the best attorney. Attorney Heidi G. Villari gives her clients her undying dedication to ensuring that all present and future needs are addressed.
Here’s what you can expect from our esteemed Philadelphia cancer misdiagnosis attorney:
- A Battle-Tested, Trial-Ready Attorney: Cases rarely ever go to trial. Many attorneys don’t have experience fighting for their client’s rights in court. A seasoned trial attorney can make the difference in winning your case.
- Recover Maximum Compensation: There can be different parties who can be held liable for your misdiagnosis. There may also be certain damages that an inexperienced attorney will fail to consider. Our years of experience with cancer misdiagnosis cases will ensure you receive just compensation for your suffering.
- Extensive Resources and Connections: Our proven personal injury lawyer works with a team of respected experts to help study your case and get compensated for your injuries.
A cancer misdiagnosis attorney’s primary goal is to support you in seeking justice in your particular situation. Our legal team will first hear from you as you describe the events that followed your misdiagnosis and changed your life. The best feasible plan for your case is then developed after we thoroughly review the relevant facts, confer with our esteemed specialists, and work closely with you. We support you throughout the procedure and fight for your rights.
The Villari Firm, PLLC has helped many clients during their most tragic times. We’ve recovered just compensation for many hard-working people who were neglected and taken advantage of by selfish people, careless doctors, and greedy companies. If you’ve received a misdiagnosis, call us now to see how our esteemed Philadelphia personal injury lawyer can help!
Cancer: The Facts and Figures
The American Cancer Society has published a report on the cancer figures for 2022. Here are some of the more pertinent ones:
- Recent trends show that the 5-year survival rate for cancer is around 68%
- In the entire United States, an estimated 39 out of 100 women and 40 out of 100 men will develop cancer in their lifetime.
- The Pennsylvania incidence rate per approximate 100,000 is 515.6 for males and 459.0 for females.
- The state death rate is 191.7 (male) and 138.1 (female) per 100,000 people.
- Estimates suggest that around 1.670 people will die from cancer every day.
- The older you are, the likelier you are to have cancer. 80% of diagnoses are for people aged 55 and older.
- People who smoke cigarettes are 25 times more likely to develop lung cancer than those who never smoked.
- Behaviors and modifiable factors associated with cancer include an unhealthy diet, drinking alcohol, excess body weight, and smoking.
- The National Cancer Institute estimates that cancer-related costs in the US were $183 billion in 2015 and are projected to increase to $246 billion by 2030.
- The leading site of male cancer incidence is the prostate at 27%. For females, breast cancer is the most common at 31%.
- The leading site for cancer death for both men and women is the lungs at 21%.
- Black men have the highest overall cancer mortality rate than any other racial/ ethnic group in the US
The numbers show the risks of cancer, along with how expensive it is. The risk and expenses are exacerbated when the doctor misdiagnoses your cancer. Healthcare providers and insurance companies are businesses at heart, no matter the image they claim to present. It’s profit that matters to them, and many wronged patients do not receive the compensation they deserve from these corporations.
When facing these institutions, it’s best to have an attorney who will aggressively assert your rights. Our savvy Philadelphia cancer misdiagnosis attorney knows their tricks and tactics and can maneuver to get you the compensation you deserve. If you’ve been the victim of a cancer misdiagnosis, call us today to schedule a consultation!
What is Cancer Misdiagnosis?
Cancer can be a big mystery for patients, caregivers, and healthcare professionals. We don’t exactly know what causes cancer. Many other conditions mimic its symptoms, which may make it difficult to provide an accurate diagnosis. A missed cancer diagnosis often takes an enormous toll on your emotional and financial status, not to mention the physical pain and suffering you’d have to endure.
Diagnostic errors may be caused by:
- Human error: This may be a careless doctor, a mix-up in the samples, improper procedure, incorrect test result interpretation, or oversight by the technician.
- Faulty equipment: An inaccurate or delayed cancer diagnosis may be caused by a defect in the laboratory equipment
What are the Different Types of Diagnostic Errors?
There are different ways that doctors can make a mistake in diagnosing cancer.
- Missed diagnosis: The doctor claimed that the patient was free from illness or disease when they were not.
- Wrong diagnosis: A wrong diagnosis happens when the doctor diagnoses a patient with the incorrect disease or illness.
- Delayed diagnosis: This happens when the physician makes the correct diagnosis, but it happens too late.
- Failure to diagnose an unrelated disease: The doctor identifies one illness but fails to diagnose another unrelated condition.
- Failure to diagnose a related disease: The doctor finds one condition but fails to diagnose another illness that goes hand-in-hand with the first.
- Failure to recognize complications: The doctor picks the correct illness but does not identify factors that can aggravate the condition.
- There are many ways for a doctor to make a mistake when they diagnose cancer. However, this does not excuse them from medical negligence. Call our Pennsylvania law firm today to discuss your options if a healthcare provider fails to diagnose cancer.
What Are The Commonly Misdiagnosed Cancers?
Cancer is a term that covers a variety of conditions. In general, cancer refers to a disease where your body’s cells divide uncontrollably and spread to other parts of the body. Here are some common conditions that involve cancer:
- Skin Cancer
- Breast Cancer
- Prostate Cancer
- Ovarian Cancer
- Lung Cancer
- Colon Cancer
- Rectal Cancer
- Cervical Cancer
- Brain Cancer
- Liver Cancer
- Kidney Cancer
- Orthopedic Sarcoma
- Throat Cancer
- Oral Cancer
- Nasopharyngeal Carcinoma
Cancer alone is already a catastrophic event. A missed or late diagnosis makes it all the worse. If your doctor fails to properly diagnose cancer, call our personal injury law firm for a consultation regarding your medical malpractice claim.
Should I File a Misdiagnosed Cancer Case in Pennsylvania?
A faulty cancer diagnosis falls under medical malpractice, a type of personal injury case. The law does not hold doctors responsible for all mistakes in diagnosis. To win a medical malpractice lawsuit, you have to prove the following:
A duty of care exists. This may mean establishing a doctor-patient relationship.
The doctor acted negligently. This means that they did not work in a reasonably competent manner. Both action and inaction may be considered a breach of duty of care.
This negligence led to actual injury. You must establish causation between the breach of duty and the damages you’ve suffered.
The first element can be reasonably easy to prove. The other two elements may be the key to prevailing in your case. If you can’t show that the doctor breached their duty, you’ll fail to recover compensation; likewise, if you can’t demonstrate you suffered from their actions, you won’t be compensated even if there was a breach.
The Villari Firm, PLLC, has helped many people win personal injury cases. Every cent counts when it comes to recovering from serious medical injury. Call us today to discuss your case!
How Do I Know If My Doctor Was Negligent?
A wrong diagnosis, by itself, is not proof of negligence. Even reasonably skilled doctors can make mistakes. The way to establish negligence is to evaluate the doctor’s diagnosis method.
Differential diagnosis is the process used to determine your condition. Different illnesses can manifest as relatively similar symptoms. A differential diagnosis lists the possible conditions based on the doctor’s preliminary evaluation. Further tests, observations, and questions are performed to rule out potential diagnoses until one remains. This can also involve consulting with other specialists and further examining your medical history and symptoms.
Given the complexity of medicine and the human body, even competent doctors may fail to accurately diagnose the condition. To prove negligence, you have to show that a doctor with the same specialty, under the same circumstances, will not make the same mistake in diagnosing the condition. You have to establish either:
- The doctor did not include the correct diagnosis in the differential diagnosis list where a reasonably competent doctor would have.
- The doctor did include the correct diagnosis but failed to appropriately check the validity. This means they could not consult with other specialists or order the proper tests.
Establishing negligence is vital to these cases. Our experienced Philadelphia cancer misdiagnosis attorney has dealt with hundreds of medical malpractice cases and knows how to do it effectively and efficiently. Call us today to learn more about negligence in personal injury.
What if My Doctor Was Not Negligent?
Sometimes, blaming the doctor for this medical error may not be correct. It may be that the inaccuracy was from the laboratory technician or the equipment manufacturers. Even if the doctor cannot be held responsible in these scenarios, you can still recover compensation if you can prove that the missed diagnosis was from the negligence of these other parties.
No matter who the guilty party is, our cancer misdiagnosis lawyer can help you pursue compensation from them. Call us today to discuss your case.
How Do I Establish That The Misdiagnosis Caused Harm?
You must show that the doctor’s negligent misdiagnosis made the condition worse than it would have been otherwise and that this worsening harmed the course of treatment. For instance, a patient may have died because the disease spread and was no longer curable, or they may have needed more severe treatment (like chemotherapy) due to a delayed cancer diagnosis.
“Damages” is legalese that describes the losses you’ve incurred from your injuries. This covers everything from financial losses to emotional distress.
If you can show the elements mentioned above, then you have a medical malpractice case that can win. Call us if you’re unsure if you have enough evidence to prove there was medical malpractice in your mistaken diagnosis. Our renowned Pennsylvania cancer misdiagnosis attorney can review your case so you can take the best course of action.
What is a Certificate of Merit?
Pennsylvania law requires plaintiffs to file a certificate of merit at the start of the case. This comes from the efforts of many states at tort reform, setting out the procedure for filing medical malpractice cases. The requirement is intended to prevent frivolous or excessive lawsuits.
A certificate of merit includes a statement of an appropriately licensed professional who asserts one of the following:
- There is a reasonable probability that the healthcare provider did not act per the medical standard of care;
- The defending party has responsibility for the person who did not follow the standard of care; or
- Pursuit of the claim does not need expert testimony.
The certificate of merit must be filed within 60 days of filing the complaint. You’ll need a separate certificate for each health care provider in the lawsuit. Failure to do so will cause the court to dismiss the case against the medical professional.
Suppose you want to read more of the rules. In that case, you can find them in Pa. Rules of Civil Procedure No. 1042.3. You can also ask our knowledgeable Philadelphia medical malpractice attorney to explain the legalese in plainer terms.
How Long Do I Have to File a Lawsuit for my Pennsylvania Cancer Misdiagnosis?
Pennsylvania has a statute of limitations that sets a time limit for filing a lawsuit. If you don’t act quickly, you may miss a deadline, and the court will reject your case. There are some rare exceptions, but don’t count on them as the deadlines are strictly enforced. The standard statute of limitations in the state is set at two years from the date the malpracticeoccurred.
The discovery rule also applies here. This rule pauses the statute of limitations for cases where the plaintiff could not have known malpractice happened. In other words, the two-year clock can start from the date when you discovered you actually had cancer. If you want to use the discovery rule, you have to prove that you couldn’t have found the negligence sooner than you did.
Pennsylvania law includes a special time limit for cases that involves a person who is a minor (people younger than 18) at the time of the malpractice. In this case, the deadline for filing a lawsuit is whichever is later of these:
- Before the minor’s 20th birthday, or
- Within seven years of the mistaken diagnosis.
You must comply with the statute of limitations; otherwise, the court will toss out your case. We know how difficult it may be to process the grief of discovering cancer. Filing a lawsuit may be the last on your mind. However, if you miss your window, it can have lasting consequences as you struggle to pay for medical expenses or funeral expenses. Act now! Schedule a consultation with our efficient Philadelphia cancer misdiagnosis attorney.
What Kind of Compensation Can I Receive in a Pennsylvania Medical Malpractice Lawsuit?
If you win your cancer misdiagnosis lawsuit, you are entitled to compensation for your incurred damages. Here are the common damages you can expect to recover:
- Past and future medical bills
- Loss of wages and potential income
- Pain and suffering
- Disfigurement and scarring
- Emotional distress
Pennsylvania does not limit the amount of compensatory damages you can recover in a lawsuit. This includes those mentioned above.
However, there is a cap on punitive damages, which are intended to punish the party at fault. The cap for Pennsylvania punitive damages equals twice the amount of actual damages. Take note that punitive damages are not common in medical malpractice cases.
You deserve total compensation for suffering from someone else’s mistake, mainly if that someone is supposed to care for your health. Our excellent cancer misdiagnosis attorney has helped many victims recover compensation for their suffering. If you’re the victim of a misdiagnosis, call our Pennsylvania law firm today to schedule a consultation with a skilled medical malpractice lawyer.
Does Comparative Negligence Affect Compensation?
When establishing fault, Pennsylvania uses the rule of comparative negligence. According to state law, you can’t recover damages if you are more than 50% at fault. If you win your case, your share of the compensation will be reduced by the percentage of your responsibility.
For example, if you were found to be 10% at fault and awarded $100,000 in damages, you would only receive $90,000.
If the defendant is at fault, their attorney will try to establish that some of the blame falls on your shoulders. Don’t let them do this. Our experienced medical malpractice attorney will defend you from such tactics to get you the complete compensation you deserve.
Call our Experienced Philadelphia Cancer Misdiagnosis Attorney Now!
A cancer misdiagnosis can severely impact your life. It can mean catastrophic injury, expensive chemotherapy sessions, loss of income, and the ability to pursue hobbies. For some, it can terribly affect their relationships with their families, friends, and partners. Our attorney at the Villari Law Firm is here to help!
The Villari Firm, PLLC provides complete legal services to victims in pursuit of justice against those who have harmed them as a top personal injury attorney in Philadelphia, Pennsylvania, and the surrounding areas. When pursuing what is rightly yours, our personal injury attorneys will carefully endeavor to ensure that you have excellent legal representation. Top-rated personal injury lawyers at The Villari Firm, PLLC, are prepared to fight for you and your loved ones while you demand justice.
Trial lawyers are not made; they are born. The top experts, medical professionals, and attorneys are enlisted by Heidi G. Villari, a seasoned personal injury attorney in Philadelphia, to analyze each case from the onset. Trial preparation begins on the first day of the client-attorney relationship. The Villari Firm, PLLC approaches every client with the same strategy: early action to obtain solutions. Lawsuits are filed early, records are examined, and it is imperative to start preparing for trial right away.
Aside from cancer misdiagnosis, we also offer our legal counsel in the following areas:
- Wrongful Death
- Product Liability
- Premises Liability
- Catastrophic Injuries
- Truck Accidents
- Construction Accidents
- Birth Injury
You must act soon if you’ve suffered from a cancer misdiagnosis. Contact our firm today to discuss your case with our esteemed Philadelphia cancer misdiagnosis lawyer.
Contact The Villari Firm, PLLC today for your free consultation.