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Negligent or late diagnosis and treatment of cancer

One form of medical malpractice is related to a medical professional’s failure to diagnose and treat cancer in a timely manner.There are many types of cancer, each with its own set of symptoms and indications. Sometimes physicians negligently fail to detect the presence of cancer despite the presence of indicating symptoms. This can be due to a physician’s failure to order the appropriate tests or properly assess test results. Sadly, the failure to timely diagnose cancer sometimes results simply from a dismissive attitude on the part of the physician or the failure of the physician to perform the proper examination.

We work with Allen Jacobs, MD, a licensed New Jersey attorney as well as an expert in obstetrics, gynecology and gynecological oncology.

Some examples of negligence in failing to diagnosis cancer are:
  • Failure to perform a diagnostic test when one is needed
  • Misinterpreting test results
  • Malfunction of technology
  • Lost or uncommunicated test results
  • Misread x-rays, mammograms, MRI’s and other diagnostic films
  • Failure to refer patient to correct specialist
  • Failure to investigate suspicious skin growths or lump
  • Failure to interpret tissue samples that indicate cancerous cells

A delayed diagnosis of cancer can be catastrophic to your prospects for recovery. Sometimes the delay can result in a cancer moving from an early stage where the cancer is more easily treatable with good prospects for recovery, to a later stage where the cancer has spread, the available treatment is more drastic, and the prospects for recovery greatly diminished. The New Jersey Supreme Court has recognized in that in cases of delayed diagnosis of cancer, the passage of time with concomitant delay in treatment almost invariably results in a more serious prognosis. Verdicchio v. Ricca, 179 N.J. 1, 31 (2004); Evers v. Dollinger, 95 N.J. 399, 409, n.4 (1984). The attorneys at our firm, including Dr. Jacobs, can help in finding the right medical expert to determine what effect the delayed diagnosis of your cancer has had.

The New Jersey Supreme Court has recognized in that in cases of delayed diagnosis of cancer, the passage of time with concomitant delay in treatment almost invariably results in a more serious prognosis. Verdicchio v. Ricca, 179 N.J. 1 (2004); Evers v. Dollinger, 95 N.J. 399 (1984). However, doctors defending delayed diagnosis cases will often contend not only that they were not negligent, but will also claim that an earlier diagnosis and treatment would not have made a difference. This is one reason why it is vital to obtain an experience medical malpractice attorney who knows how to utilize the proper medical experts to refute such contentions when they are not true. Learn more about the other practice areas we serve.

If you have been harmed by the failure to medical professional to diagnosis your cancer at the earliest reasonable stage, please contact our office for a free consultation.

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