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Failure to Diagnose Cancer - Cancer Misdiagnosis

Advances in cancer research, development of new medicines and treatments are making some inroads on the human toll of this disease. Early detection is still the most critical tool in fighting cancer. Failure to diagnose cancer in its early stages, gives this disease an opportunity to progress to a more serious stage. If the development of any type of cancer goes undetected by the examining physician, the cure rate is lower, recurrences of the disease are higher and mortality rates rise. Patients are therefore advised to undergo regular screening tests for cancer.

Physicians cannot be held responsible for the mere development of cancer in a patient; certain criteria need to be evaluated:

  • Was the examining physician negligent in providing a timely diagnosis of the cancer?
  • Is the patient's disease, or worsening of the disease directly caused by the physician's breach of duty?

Please contact us with any questions concerning malpractice or negligence in relation to cancer diagnosis. Our team can offer you expert advice involving any type of cancer misdiagnosis, because we combine in-depth medical and legal knowledge to serve our clients. In the following paragraphs we address the most common scenarios, however, our experience is not limited to these examples.

Cancer diagnostics are generally performed through analyses of various types of tests. Mammograms and Pap-smears are, among others, two important test used for early detection.

Breast Cancer - Problems with Mammograms
While breast cancer is one of the most common cancers it is also fortunately one of the most treatable of all malignancies, and is detected using the following methods:

  • Breast self examination may reveal a palpable mass
  • Physical examination by a physician
  • Mammography x-ray of the breast, which is capable of detecting 85% to 90% of breast cancers. Mammography as a diagnostic tool cannot replace a careful periodic physical examination. This is especially true for women with dense, fibrous breast tissue in which lesions are difficult to detect.
  • Ultrasonography, which produces an image of the tissue
  • Aspiration biopsy

Progressive metastasis, meaning the cancer cells have spread from the tumor and entered the bloodstream or lymph system, often leads to death. For this reason, a misdiagnosis of cancer is a breach in medical care and is consequently a viable case for litigation.

Delay in Treatment of Breast Cancer
Delay in diagnosis of breast cancer may occur in several contexts:

  • Physician fails to appropriately evaluate a complaint of a palpable mass,
  • misreading of a mammogram,
  • inappropriate reliance upon a negative mammogram, although the presence of a palpable mass is established
  • failure to perform additional tests such as aspiration biopsy or open biopsy of a mass

These are the most common forms of negligence or malpractice in connection with breast cancer.

Ovarian and Cervical Cancer - Problems with Pap-smears

Ovarian Cancer
Ovarian cancer is difficult to detect, since the symptoms are often vague while the disease is still localized. It is the most frequent cause of gynecological cancer death because of lack of effective strategies for prevention or screening. Ultrasonography is considered the most effective, non-invasive procedure to determine the presence of ovarian cancer, as Pap-smears rarely show positive results for this specific cancer. As with other forms of cancer, the patient can only recover significant damages if a delay or negligence took place when the examining physician saw the patient, and if the diagnosis should not have been missed. With this form of cancer, the situation could involve not performing an Ultrasonography although indicated, or misdiagnosis of the Ultrasonography results. For a detailed evaluation of your situation, please contact us.

Cervical Cancer
A highly effective method for early screening of cervical cancer is the Pap-smear test, developed in the l930s by Dr. George Papanicolaou. This test can detect over 90% of early cell irregularities. Cervical cancer could be eliminated as a cause of death if all women took an annual Pap-smear test; unfortunately fewer than 49% of all women do so. The American Cancer Society recommends annual Pap tests and pelvic examinations for all women who are or have been sexually active or have reached the age of 18 years. A misread Pap-smear test causing non-diagnosis or delayed diagnosis at an advanced stage of cervical cancer reduces the choices of effective treatment. Often the only remaining treatment at this stage is a hysterectomy and chemotherapy. If you have any questions concerning problems with misread Pap-smear tests or pelvic examinations involving misdiagnosis, please contact us for further evaluation. Insert link to Contact us

Detailed information about Pap-smear tests:
The patient's gynecologist places a sample of cells on slides and submits them to a laboratory, where a cytotechnologist stains the cells so that normal blood cells can be distinguished from irregular cells. The cells are examined under a microscope. Abnormal cells are marked for the pathologist to review. If no abnormal cells are found, the Pap smear is reported as normal and no further action is taken. The normal finding is reported to the gynecologist.

If irregular cells are identified, the Pap-smear test is read by a pathologist, who describes the nature of the abnormal cells (cancerous or pre-cancerous). The results are reported back to the gynecologist.

The accuracy of these readings by the cytotechnologist or the pathologist has to meet certain standards and is regulated by Clinical Laboratory Improvement Act (CLIA). These regulations involve matters such as employee supervision, workload limits, proficiency testing and quality control procedures. For more information: Visit the CLIA Website.

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