Oregon Medical Malpractice Lawyer Explains a Victim’s Rights After a Delay in Lung Cancer Diagnosis Harms Him or Her
Lung cancer is one of the most commonly diagnosed cancers in the United States. Lung cancer can be incredibly deadly but if caught in a timely manner, survival is much improved. The survival rate for early stage lung cancer can near 60%, while stage IV lung cancer has an overall survival of less than 10%. When medical providers fail to identify lung cancer in a timely manner, it literally can be a matter of life or death. Our Oregon medical malpractice lawyers know that a delay in lung cancer diagnosis can mean life or death of an innocent person.
This is because a delay in treating lung cancer allows the cancer to fester inside of a person’s body. The cancer not only becomes a larger tumor, but it also can spread locally and—more dangerously—spread throughout the body. Even lung cancer spreads throughout the body it is almost always a death sentence. This is why doctors must timely and properly treat lung cancer to ensure that victims and their families are well protected. Any delays in treatment can simply be deadly and result in catastrophic harm.
Lung Cancer Diagnosis
Lung cancer is typically first identified through a chest x-ray or CT scan. Once the mass is identified, a biopsy is often performed to confirm the diagnosis. The biopsy is usually performed with the use of bronchoscopy. From there, additional imaging is typically performed to identify if the cancer has spread to other areas of the body. CT scans, PET scans and bone scans are commonly used imaging modalities to identify metastatic disease. These scans allow for a more complete picture which can help determine staging, prognosis and treatment.
Types of Lung Cancer:
Large Cell Carcinoma – This type of lung cancer is rather aggressive. It tends to spread quite quickly to other parts of the body and is often found in many different parts of the lung
Adenocarcinoma – This type of lung cancer is typically found in the outer portion of the lung (or lungs). This type of cancer grows in the epithelial tissues of the body.
Squamous Cell Carcinoma – This type of lung cancer is typically found in the middle of the lung, most often next to the bronchus.
How Can a Delay in Lung Cancer Diagnosis be Caused by Medical Malpractice
While a lung cancer diagnosis can be delayed due to a patient not exhibiting symptoms or a patient ignoring their symptoms, there are many instances when lung cancer could have been diagnosed at an earlier stage if the provider had performed the appropriate diagnostic tests. A few causes of medical malpractice related lung cancer diagnosis include:
- Ignoring patient’s complaints
- Diagnosis patient’s lung cancer as something other lung cancer
- Inadequate physical exam
- Failing to order appropriate testing (i.e. CT scan, chest x-ray, bone scan or PET scan)
- Failing to interpret diagnostic tests properly
- Failing to order all of the appropriate tests (i.e. may order initial diagnostic testing but fails to complete staging workup). This can lead to improper staging, skewed prognosis and improper treatment
- Orders appropriate imaging but interprets the scan inaccurately as benign without further testing
How to Prove a Delay in Lung Cancer Diagnosis Case
Unlike a criminal case that requires proving a case “beyond a reasonable doubt,” or by 98-100% certainty, a civil cause of action like medical malpractice only needs to be proven by a “preponderance of the evidence” or 51%. That means that an injured plaintiff only needs to establish that their rendition of the facts is more likely true than not true. Unfortunately, it also means that a defendant only has to prove their defense by 50%—because a tie does not help the plaintiff but actually means the plaintiff loses.
How Can Our Delay in Lung Cancer Diagnosis Lawyers Help You Prove Your Case and Recover Damages?
If you are the victim of a delay in lung caner diagnosis, we strongly encourage you to call our office for consultation to determine if your delay in diagnosis was caused by medical malpractice. If your delay in diagnosis was caused by medical malpractice, you may be entitled to damages. In Oregon, damages for this type of medical malpractice claim are often awarded in the form of compensation. Compensation for delay in lung cancer diagnosis can include:
- Pain and suffering
- Lost wages
- Lost future wages
- Medical bills
These are just a few of the many indications for compensation for a delay in diagnosis. You and your loved ones deserve as much compensation as possible to cope with a delay in cancer diagnosis. A delay in cancer diagnosis can literally be a matter of life or death which is why compensation should be sought to the fullest extent.
Ask Kuhlman Law for Help With Your Case Today
If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form. We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.
Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton, Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles, St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.
We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.