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Failure to Diagnose Cancer

Failure to Diagnose Cancer

For many cancer patients, time is of the essence. The stages of cancer can indicate how much time is left to fight, and this is the very reason why a proper and timely diagnosis is so important. Learning of your diagnosis at the earliest possible moment is one of the last areas of control you have against a situation like this. The earlier you learn what you are up against, the more time you have to prepare yourself and your loved ones. Many people go through stages of grief when they receive such news, and that grief takes time. Florida is not free from this struggle, and you can view our cancer statistics compared to the nation. If you or a loved one believe there was negligence involved with your cancer diagnosis, you should contact an attorney at Keller, Melchiorre, and Walsh today to hold those responsible accountable for your prolonged struggle. You deserve the time you need to heal physically, mentally, and emotionally, so let us fight this part of the battle for you. 

Cancer is No Stranger to Florida

Florida Health reports

Florida has the second highest cancer burden in the nation.  As of 2011, cancer is now the leading cause of death for Floridians, surpassing heart disease.  In the three year period from 2009-2011, the total number of cancer deaths was 122,921.

There's an average of 100,000 new cancers diagnosed and reported each year to the statewide cancer registry, the Florida Cancer Data System.  Visit the Cancer Registry page for more information regarding the Florida Cancer Registry.

According to the National Cancer Institute, approximately one third of the most common cancers are due to lifestyles – poor diet, obesity, and lack of physical activity.

The 10 most common or most receptive to prevention and early detection cancer sites include: breast, cervical, childhood, colorectal, lung, lymphoma, oral and pharyngeal, ovarian, prostate and melanoma of the skin.

The American Cancer Society supports cancer patients and their families across the country. Most states have their own support system in place, and the same can be said for Florida. To find more information about cancer support groups in Florida, click here. On this site, you will easily find more cancer statistics, support groups, and volunteer events. Additionally, it provides information for lodging and transportation if you need help getting to and from treatments. The website is also regularly updated with interesting articles on a variety of topics pertaining to cancer. One especially beneficial aspect of this website is that it offers helpful guides and tips for navigating natural disasters, like hurricanes, while dealing with cancer.

What Are Common Examples of Negligence in Cancer Diagnoses? 

There are multiple ways a physician can fail to properly diagnose you. When we discuss the issue of faulty diagnoses, we mean more than just telling someone they do not have cancer when they actually do. In fact, the areas of neglect on a physician's part can be vast, so do not assume your diagnosis is fool proof without first looking through the following list of neglect examples: 

  • Overlooked Warning Signs: If you exhibited any of these symptoms and have a record of reporting these signs to your physician, this information could be used to support you in court. 
    • Breast Cancer
      • New lumps, irritation to breast skin, painful breast skin
      • Thickening or swelling of breast skin
    • Ovarian Cancer
      • Quickly feeling full while eating, bloating, swelling
      • Pelvic discomfort, changes or increase in restroom habits
    • Colorectal Cancer
      • Constant abdominal pain
      • Bleeding, weight loss, fatigue
    • Lung Cancer
      • Intensified and persistent coughing
      • Chest pain while breathing, laughing, or coughing
      • Weight loss, shortness of breath, fatigue
    • Pancreatic Cancer
      • Pain in the abdomen or back
      • Jaundice, weight loss, vomiting
      • Blood clots, diabetes, gallbladder or liver enlargement
  • Incorrect Diagnosis: An incorrect diagnosis could not only delay your treatment and recovery, but it could also put you in a position to receive treatments you do not need. Any type of treatment will cost you time and money. You will have to take time off work to receive these treatments, and you do not want a terrible situation to be made worse when you find out you have been wasting your time, money, and energy on the wrong treatments. The same can be said for receiving the wrong medicines based on an incorrect diagnosis. 
  • Delayed Diagnosis: Many cancer treatment facilities and organizations will tell you that early detection is key, regardless of the type of cancer. A delayed diagnosis essentially robs you of treatment time, and we will help you hold those at fault accountable for this loss. 
  • Poor Follow-Up Management: Once you have been diagnosed, a treatment plan will quickly be put in place. This plan will be detailed specifically to you, your body, and your stage and type of cancer. You can expect more comprehensive physical exams, more testing, and more biopsies to be taken from you. If you feel that your follow-up treatment plan is lacking these major components, contact us today to discuss your concerns. Your physician may be guilty of negligence if he or she is failing to provide you with a solid treatment plan as part of your follow-up management.

Should I File a Medical Malpractice Lawsuit for Negligence?

If you suspect negligence played a part in your cancer diagnosis, you should contact a lawyer at Keller Melchiorre & Walsh today. Filing a medical malpractice lawsuit can be very complex. Everything about your physical condition, diagnosis, and treatment will be taken into consideration and analyzed in a courtroom. Since cancer comes in many forms, and each form has its own set of stages, this can be a delicate issue to track when trying to highlight examples of negligence. However, our legal team has been through this before and we know the ins and outs of medical malpractice lawsuits. Contact us today to discuss your concerns, and we will handle the rest for you. Remember, early detection is key and so is early response to negligence.

Contact Us Today!

The attorneys and staff at Keller, Melchiorre & Walsh PLLC are here to help you. If you have been injured or harmed as a result of the actions of others or if you are facing criminal prosecution, don’t wait. Call us now for a free strategy session.

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