How Prevalent Is Cancer?
According to the National Cancer Institute, an estimated 606,520 people will die this year alone in the United States from cancer. An additional 1.8 million people will be diagnosed with year with cancer in our country alone. Patients trust our healthcare system to properly diagnose and treat their illness in a timely manner. Cancer is the type of disease that if treated early and appropriately, the overall outcome can be drastically different than that of a person whose diagnosis is delayed due to a misdiagnosis. Unfortunately, our Oregon misdiagnosed cancer lawyers are all too familiar with the impact of a misdiagnosed cancer diagnosis, and are prepared to help you and your loved ones receive the justice you deserve.
Many people may not be aware that cancers are often misdiagnosed. It is often not until the patient continues to deteriorate that a diagnosis is eventually made. Unfortunately, by that time the cancer likely has spread, making the cancer either incurable or requiring the patient to undergo more aggressive treatment than would have been required if diagnosed in a timely manner. Cancer diagnosed at stage 1 or 2 is generally speaking much more treatable than cancer diagnosed at stage 3 or 4. If you or your loved one was misdiagnosed with cancer, you should call our Oregon lawyers who can review your case. Even if a full recovery was made, you or your loved ones should call to learn the rights you have under Oregon law after a misdiagnosed cancer diagnosis.
Why is Cancer Misdiagnosed?
Cancer can be misdiagnosed for many reasons. Misdiagnose of cancer can occur upon test result review, or can be misdiagnosed when the patient is initially seen for troubling symptoms. Additionally, cancer can be misdiagnosed due to physician communication error. Patients rely on their physicians to give them the best treatment possible in a timely manner. but unfortunately, this does not always occur. Every case of cancer that is misdiagnosed may result in wrongful death or other catastrophic results.
Common causes of misdiagnosed cancer cases include the following:
- Misinterpretation of test results
- Tests being improperly performed
- Wrong tests ordered
- Delay in ordering tests
- Communication mistakes between physicians
- Failure to assess the patient appropriately and order the appropriate tests
- Diagnosing cancer as the wrong type of cancer
- Misdiagnosing cancer as something else less serious (i.e. Irritable Bowel Syndrome, Ulcerative Colitis, benign tumor, etc.)
These are just a few of the most common causes of misdiagnosed cancer cases in Oregon.
Types of Commonly Misdiagnosed Cancers in Oregon
Any type of cancer has the potential to be misdiagnosed if at the hands of a negligent physician. While any cancer can be misdiagnosed, the most commonly misdiagnosed cancers in Oregon include the following:
- Breast cancer
- Prostate cancer
- Cervical cancer
- Lung cancer
- Kidney cancer
- Colorectal cancer
- Esophageal cancer
- Ovarian cancer
- Stomach cancer
Misdiagnosing Another Condition as Cancer in Oregon
While misdiagnosing actual cancer cases as something else can be detrimental and can even lead to death, unfortunately some patients are wrongfully diagnosed with cancer when they never actually had cancer. Not only is this incredibly traumatic emotionally to the patient, but the patient may then go through surgery and other treatments for cancer unnecessarily. False positives can occur, but it is the duty of the physician to thoroughly investigate this and run additional tests to ensure the patient truly has cancer.
Proving a Misdiagnosed Cancer Case in Oregon
Many people have heard of the burden beyond a reasonable doubt from TV shows, movies, and in the news during famous trials. This is a very high burden of up to 98-100% certainty of persuading the jury or judge that what you have said is indeed the truth what happened or what your injuries are.
Luckily, a victim of a personal injury case does not need to prove a case up to 98%. Rather, a victim only has to prove a case that it is more likely than not under the standard known as a preponderance of the evidence. Under this standard, a medical malpractice victim must demonstrate by certainty of 51% or more that the defendant caused his or her injuries due to medical malpractice. That means liability, causation, and damages must all be 51% or more.
But that also means a defendant only needs to prove that they did not commit medical malpractice, there is no causation, and your damages are not what you say they are by 50% or more. This is because if the jury believes both parties equally, the plaintiff loses because the plaintiff has the burden of persuading the jury than than 51%.
How Our Oregon Misdiagnosed Cancer Medical Malpractice Lawyers Can Help You
Patients who are misdiagnosed with cancer may be entitled to receive damages in the form of compensation. This includes patients who have made a full recovery as they may now have lasting affects and likely are more at risk for cancer recurrence. If your loved one was misdiagnosed with something else that then lead to a cancer diagnosis but unfortunately resulted in the loss of your loved one, you may be entitled to compensation for their wrongful death. Compensation may include pain and suffering, lost earnings, lost future earnings, and medical bills amongst many other reasons for damages. Our Oregon misdiagnosed cancer lawyers are ready to help you and your loved ones get the just you deserve.
Call Our Misdiagnosed Cancer Lawyers in Oregon
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.