Miami Missed and Failed Diagnosis of Cancer Attorney

One of the most important aspects of treating a medical condition is catching the condition early and treating it promptly.  This is especially true in cancer treatment, where catching cancer in the early stages with proper screening and testing can be the biggest key to successfully treating cancer.  If you or a loved one suffered delayed diagnosis or failure to diagnose because their doctor failed to give them the care and treatment they deserved, you may be entitled to file a lawsuit against that medical professional.

For a free legal consultation on your case, contact The Law Offices of Prosper Shaked today.  Our Miami missed and failed diagnosis of cancer attorney represents cancer victims whose delay in diagnosis or failed diagnosis led to missed opportunities to improve as well as families who lost a loved one because their doctor failed to diagnose their cancer.  To set up your free legal consultation, call our law offices today at (305) 694-2676.

Damages for Cancer Delayed Diagnosis and Failure to Diagnose

When you have cancer, one of the biggest indicators of your prognosis will be how early the cancer was caught.  Stage I cancer is far easier to treat, and early, aggressive treatment can commonly result in full remission for many forms of cancer.  At the far opposite extreme, Stage IV cancer is the most developed form of cancer, with the cancer often spreading to additional body systems and organs, metastasizing into the blood, and spreading further.  This is the most difficult cancer to treat, and many diagnoses of Stage IV cancer are too advanced to treat successfully and still give the patient a good quality of life.

Because cancer is best treated early, any delay in diagnosis can lead to the cancer becoming far worse, the treatment becoming far more taxing, and the patient’s projected quality of life decreasing.  If your cancer became more advanced and continued to grow and spread because your doctor failed to diagnose you, that doctor may be responsible for the increased severity and increased treatment needs.

After a delay in diagnosis or a complete failure to diagnose, you may seek a second opinion.  Other patients may take a clean bill of health or an alternative misdiagnosis as fact and fail to look further into their health condition, potentially passing away because of the doctor’s misdiagnosis.  In any case, this could result in any of the following damages, which the doctor who failed to diagnose you should be liable for:

  • Additional surgeries and biopsies
  • Potentially disfiguring issue removal to prevent cancer spread (e.g., a double mastectomy or removal of a testicle)
  • Additional chemotherapy, radiation therapy, or other cancer treatment
  • Worsened side-effects from more aggressive treatment needs
  • Increased hospitalization and home-care costs
  • Increased pain, discomfort, nausea, and other suffering
  • Additional time off work and missed wages
  • Reduced life expectancy
  • Death

Proving Delayed Diagnosis or Misdiagnosis in Cancer Cases

To get the compensation you deserve for your doctor’s errors and mistakes, you must prove that the delay in diagnosis, misdiagnosis, or failure to diagnose was an error that a reasonable physician should not have made.  Each doctor is responsible for their medical treatment, and any treatment that falls below the acceptable standards of care is considered negligent.  When a doctor commits this kind of negligence, you may be entitled to sue them in court to seek damages, but you must first prove their error was unreasonable.

Cancer can be hard to diagnose in many cases.  Cancer’s effects are not always obvious, especially in the early stages where any cancer in the body might be small or nearly undetectable.  However, your doctor should have sophisticated tools for testing and screening available.

Especially if you have a family history of cancer or fall into other risk categories, your doctor should recommend proper screening and testing to detect cancer early, and failing to do so could be negligent.  Many minimally invasive testing options are available, such as mammograms, pap smears, prostate exams, colorectal exams, and other common cancer screenings.  If you are particularly high risk, it may be negligent for your doctor not to use these screening options.

If you go to your doctor with complaints of pain, discomfort, dizziness, or other odd symptoms, your doctor may be reasonably required to turn to cancer screening or testing.  Failing to order reasonable testing to try to diagnose cancer might be considered negligence, and failing to take these complaints seriously may also be completely unacceptable.  If your doctor is confronted with obvious cancer symptoms but still makes no efforts to test for cancer or refer you to an oncologist (cancer specialist), their care could be completely unacceptable.

Working with another physician or medical expert is often required to help prove that the doctor’s diagnosis or lack thereof was an error.

Many patients do not discover their cancer until they seek a second opinion, especially if their first doctor brushed aside their symptoms or misdiagnosed them with a minor condition.  Once they seek a second opinion, they may have enough information to prove their other physician’s errors.  If you discover you have cancer after being given an alternate diagnosis or failing to get a diagnosis, talk to a lawyer right away to help preserve your case and gather evidence to prove your case in court.

Call Our Miami Failed Cancer Diagnosis Lawyer for a Free Consultation

If you or a loved one developed cancer, and your doctor’s misdiagnosis, delayed diagnosis, or failure to diagnose led to lost opportunities, lost chance of recovery, increased treatment needs, and increased cancer severity, contact a lawyer immediately.  Our Miami missed and failed cancer diagnosis lawyer at The Law Offices of Prosper Shaked may be able to take your case and fight to get you the compensation you deserve.  For your free legal consultation, call us today at (305) 694-2676.


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Miami Personal Injury Lawyer
Thank you for the excellent services you and your office provided to me and my family during a very difficult time. I sincerely appreciate your professionalism and expertise. I am delighted to recommend your company to anyone who is looking for a great lawyer. - Maggie K.
First and foremost Prosper is amazing. A big thing for me is communication and throughout my whole case he kept me in the loop about everything that will take place, what is currently going on, and updated me constantly. I called and explained my situation the best I can and he was honest from the very start, very professional. For future endeavors I know exactly who I’m going to call. - Nahleen U.