Protecting Yourself From Misdiagnosis of Cancer
It is estimated that doctors misdiagnose up to 12% of all cancer cases. Patients who have been the victim of a cancer misdiagnosis may have legal options, including filing a medical malpractice claim.


January 07, 2010 /24-7PressRelease/ -- Protecting Yourself From Misdiagnosis of Cancer

Article provided by The Law Offices of Smith & Doran, PC
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Task Force Issues Controversial Breast Cancer Screening Guidelines

This past November, the U.S. Preventative Services Task Force, an advisory body of the U.S. Department of Health and Human Services, released new breast cancer screening guidelines. Under the old guidelines, it was suggested that women begin having annual mammograms at age 40 and continue the screening each year for the remainder of their lives. The new guidelines, however, state that women should not begin having mammograms until age 50, and then only once every other year until they stop screening altogether at age 74.

The task force's recommendations came after a review of scientific data and a cost-benefit analysis of what course was best for society as a whole. The task force's recommendations are based in part on its opinion that mammograms before the age of 40 are an unnecessarily invasive and expensive procedure for the majority of women. There is also a higher incidence of false-positive results for younger women, and mammograms are not capable of detecting every case of breast cancer. Accordingly, the task force concluded that decreasing the frequency of the tests was better for women as a whole and a beneficial way for the government to cut health care expenses.

Swift, Negative Reaction to Recommended Guidelines

These recommendations led to an immediate condemnation by the American Cancer Society, American College of Obstetricians and Gynecologists, and others who believe that early detection is the principal reason the U.S. has the lowest rate of breast cancer in the world. These organizations and others also point to the fact that breast cancer survival rates have steadily increased since 1990, particularly for women in their 40s. They argue that waiting until women are 50 to begin testing will result in an increase in breast cancer mortality rates.

There is also a concern that the federal government will use recommendations provided by this task force and others to determine what treatments will be offered and paid for by government-run health insurance systems, including Medicare and Medicaid. Opponents point to this as an example of the future rationing of health care.

Where Does This Leave Patients?

The task force's recommendations may result in fewer patients' having access to mammograms; patients will need to pay for the exams out of pocket if their private or government insurers refuse to cover some or all of the costs. Physicians also could begin ordering fewer tests, even in cases when they should be ordered, because of the new guidelines and possible changes in the health care system.

It is a known fact that early detection of cancer is the best tool to fight the disease. The sooner a correct diagnosis is made, the more time it gives the patient and doctor to determine the most suitable course of treatment. The patient potentially will have more treatment options available and may be able to avoid more invasive procedures, such as surgery and chemotherapy.

A delay in diagnosis, whether because of screening guidelines or physician error, can significantly reduce a patient's treatment options and ultimately may result in the patient's death.

Patients must be proactive in their health care. This means seeking a second opinion if they are sick and not getting better, even when their primary care physician is telling them nothing is wrong. This also many mean paying for certain tests and procedures, like mammograms, on their own rather than allowing their insurance company to dictate the care they receive. This is especially true for patients who have a family history of cancer and are at higher risk of developing the disease.

Cancer Misdiagnosis and Delay in Treatment

It is estimated that as many as 12% of all cancer cases are missed by physicians. When one considers that there were nearly 1.5 million new cases of cancer diagnosed in 2009, this means that as many as 180,000 cases were not diagnosed when they should have been.

A cancer misdiagnosis can mean either that the physician diagnosed the patient with another condition, missed the cancer altogether or diagnosed the patient as having cancer when in fact the patient did not. Breast cancer is one of the most commonly misdiagnosed cancers. Lung, prostate, renal, colon, cervical and throat cancer also are commonly missed.

Cancer misdiagnosis may happen for many different reasons, including:
-The general practioner or family care physician did not recognize the signs of the disease and failed to refer the patient to a specialist
-The physician or specialist failed to order the correct tests for the disease
-The physician did not take an adequate testing sample for a biopsy
-The radiologist or physician failed to correctly interpret the test results

Patients who have been misdiagnosed or whose cancer diagnosis was delayed due to physician error may be able to bring a medical malpractice claim against the responsible medical care provider. Generally, to prove a medical malpractice claim, it must be shown that the physician deviated from the accepted standard of care when treating the patient -- in other words, the physician did not provide the same type and level of care other physicians would have in the same situation.

In cancer misdiagnosis cases, the patient must have suffered harm from the misdiagnosis or delay in diagnosis in addition to any harm from the cancer. The physician, by act or omission, must have significantly altered the patient's condition or chance for recovery. For example, if the patient had to undergo surgery to treat a cancer the patient did not have, this would be an additional injury.

Patients who are successful in their medical malpractice legal action may be entitled to monetary recovery for:
-Current and future medical expenses
-Lost wages
-Pain and suffering
-Permanent disfigurement
-Disability

For more information on pursuing a medical malpractice claim for a cancer misdiagnosis, contact an experienced attorney.

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