New Jersey Cancer Misdiagnosis Lawyer
You Deserve Recompense for Extensive Pain and Suffering
A primary way to help minimize the damage of cancer is early detection. Yet, the Journal of Clinical Oncology estimates that cancer misdiagnosis occurs as often as 28% of the time and can rise up to 44% in specific cancers. A misdiagnosis can cause extensive damage and pain and can prove fatal.
Doctors and health care providers are expected to treat their patients in accordance to accepted standards of their profession. When their negligence results in substandard care that injures a patient, that patient has the right to seek compensation for their losses.
This includes damages that can follow diagnostic errors, especially a failure to diagnose cancer. If you or a loved one have received a cancer misdiagnosis, you may have a case. Get in touch with experienced New Jersey cancer misdiagnosis attorneys at Levinson Axelrod, P.A. as soon as possible.
Over 1 Million Cancer Cases Will Be Misdiagnosed
The American Cancer Society® estimates that over 1,600,000 new cancer cases will be diagnosed this year. Many more may potentially have cancer but never know or be diagnosed with the incorrect cancer.
The Johns Hopkins Hospital in Baltimore studied the tissue samples of 6,000 cancer patients and found 71 cases where their condition was misdiagnosed, meaning 1 out of 5 patients had their cancer misclassified.
The cancers most commonly misdiagnosed include:
- Breast Cancer
Reasons Why Cancer Misdiagnosis Might Occur
- Misidentification of symptoms – One of the main reasons a doctor may not detect cancer or mislabel the condition for another disease is because they may not interpret the symptoms properly. For example, a woman may display signs of weakness and tiredness and be diagnosed with Fibromyalgia, when she actually as breast cancer.
- Fragmented patient medical history – In a Best Doctors® study, 38.5% of 400 doctors believed that fragmented medical records led to incorrectly diagnosing cancer. In such cases, it is important that doctors and hospital staff comprehensively look at a patient’s medical history and the probability of certain illnesses.
- Errors in lab test readings – A pathologist studies the body tissues and fluids to look for signs of abnormalities and unusual cell growth. However, they can misread the results, thus leading to an error in diagnosing. The pathologists also do not usually know the patient’s medical history, which can also make it more difficult to read the lab results.
- Not enough training in subspecialties – Cancer is a complicated, intricate condition. Its many subcategories can be difficult to detect or analyze. Often, doctors have specialized training in subsections of cancer. Because not all doctors are comprehensively educated in subspecialties, they may overlook important information.
Have you suffered from cancer misdiagnosis in New Jersey? Call (732) 440-3089 or send our team a message online for a free consultation.
When Is Failure to Diagnose Cancer Considered Malpractice?
Cancer remains a leading cause of death in America, but there are a variety of effective treatments and interventions that can help patients beat their cancers. However, the efficacy of these treatments is often dependent on being able to detect cancer and intervene in its earliest stages.
For patients with cancer who believe a medical provider failed to diagnose cancer, failed to timely treat cancer, or otherwise made a mistake in misdiagnosing cancer as another condition, the right to recover financially in a medical malpractice lawsuit will depend on the specific facts of your case.
Although medical malpractice claims need to be reviewed by experienced attorneys before any assessment about its merits is made, all victims will need to prove that they suffered harm because of medical negligence. Generally, medical negligence is defined as a health care provider’s failure to act as a reasonably skilled and trained provider would act under the same or similar circumstances.
Failure to Meet the Standard of Care
In the context of cancer, there are many ways providers may fail to meet the standard of care.
Some examples of cancer-related medical negligence include:
- Failure to properly evaluate a patient and conduct a medical history
- Failure to order necessary tests, including bloodwork, biopsies, and imaging
- Testing and radiology errors
- Incorrectly interpreting test results
- Failure to refer patients to specialists
- Failure to perform a differential diagnosis
- Identifying cancerous lesions, growths, or biopsies as benign
- Failure to diagnose skin cancer, breast cancer, or colorectal cancer
Call (732) 440-3089 or contact us online to speak with a New Jersey cancer misdiagnosis lawyer. Your initial consultation is free of charge.
What Damages Are Available for Cancer Misdiagnosis Malpractice?
Failing to meet the standard of care can subject medical providers to liability for injuries and losses suffered by victims.
This includes cases involving:
- Patients who failed to receive any treatment for cancer
- Unnecessary surgery such as a hysterectomy, mastectomy or lumpectomy
- Delayed treatment, causing the cancer to metastasize and spread
- Shortened life due to a lack of treatment or necessary surgical intervention
- Damage from chemotherapy when it was not needed
- Wrongful death
By holding providers liable for damages such as:
- Medical expenses and future medical care
- Lost income and future earnings
- Physical pain and suffering
- Emotional anguish and loss of quality of life
- Loss of consortium and emotional / financial support
- Other economic and non-economic damages
Tips on Protecting Yourself from a Misdiagnosis
While it can be difficult to predict or prevent a misdiagnosis, there are steps patients can take to help themselves. Often, individuals take their doctor’s judgment as the only answer. However, they can make mistakes.
Tips to minimize misdiagnosis:
- Know your medical history – It is important to know if your family has any history of serious medical conditions. Take the time to find out, if you do not know. If you do not have access to that information, look back to your own past health records.
- Write down symptoms before meeting with your doctor – It can be easy to forget specific details when you speak to your physician. Writing your ailments will ensure you give your doctor a comprehensive understanding of what troubles you.
- Ask, “what else can it be?” – Asking questions can prove helpful in opening avenues to other conditions. Asking your doctor what else the symptoms may mean can have them think of alternatives.
- Get a second opinion – If you believe that your doctor may have missed something about your condition, get a second opinion. Someone else may be able to recognize something your initial physician missed.
Why Choose Levinson Axelrod, P.A.?
We’re trusted by families across New Jersey because:
- We have won over $1 billion in verdicts and settlements for clients.
- We have recovered more than $350 million in the last 5 years.
- We’re named among the U.S. News – Best Lawyers “Best Law Firms” list.
- Attorney Rosemary E. McGeady, M.D. is an attorney / physician who brings a wealth of insight to our medical malpractice cases.
- Our team includes lawyers Certified in Civil Trial Law by the NJ Supreme Court.
How Levinson Axelrod, P.A. Can Help You
Whether a doctor incorrectly diagnosed you with cancer or failed to / delayed in giving you a diagnosis of cancer, you need to take action to protect your rights and future at this time. Our trial advocates can help you build a strong case and hold negligent health care providers accountable.
If you have suffered due to a health care provider’s mistake in diagnosing your cancer or if your loved one has paid the ultimate price due to a preventable medical error, our New Jersey cancer misdiagnosis attorneys can help you explore options for seeking justice and accountability.
The cancer misdiagnosis lawyers at Levinson Axelrod, P.A. are available to review the facts of your case and discuss if you have grounds to pursue a medical malpractice lawsuit over a provider’s failure to diagnose cancer. Our award-winning team serves clients across New Jersey from multiple office locations.
Medical Malpractice Settlement $12,500,000
The Levinson Axelrod, P.A. team obtained a $12.5 million dollar settlement on behalf of a client who was injured due to medical malpractice.
Tractor-Trailer Jury Verdict $8,000,000
A 35-year-old laborer who resides in Kearny was seriously injured while working on the median of a highway when a passing tractor-trailer lost a wheel that struck him.
Premises Liability Jury Verdict $7,000,000
A woman was putting her 3-year-old son on a carnival amusement ride while holding onto a portable fence when she received an electrical shock. Our client was hospitalized and later developed Traumatic Dystonia, a condition that caused tremors in the hand and makes the fingers curl.
Personal Injury Settlement $7,000,000
A Middlesex County man was severely injured and burned as a result of a collision with a truck. The truck driver had lost control of his vehicle and had come through a median barrier which had failed to redirect the truck away from oncoming traffic.
Personal Injury Jury Verdict $6,000,000
A female drunk driver crashed into plaintiff’s vehicle causing multiple fractures to the right ankle and foot. Plaintiff’s doctor testified that plaintiff would be under pain management protocol for the rest of his life due to this condition.
Tractor-Trailer Settlement $3,700,000
A Morristown woman was injured when her vehicle was struck by a tractor-trailer that lost control on black ice on Interstate 287. The defendant's truck had jack-knifed as it was changing lanes in order to avoid an earlier accident. The accident resulted in our client suffering severe head injuries.
Product Liability Jury Verdict $3,500,000
Worker injured by product defect on his commercial truck.
Personal Injury Verdict $3,200,000
Levinson Axelrod, P.A. Partner Kim Gozsa recently obtained a $3.2 million dollar verdict on behalf of a client who was injured in a slip and fall accident at an outlet shopping plaza in Jackson, New Jersey. The substantial jury award stems from a case in which Kim’s client slipped and fell on ice on a sidewalk at the Jackson Premium Outlets, an outlet shopping center in Jackson Township, New Jersey.
Personal Injury Settlement $3,000,000
A 31-year old iron worker was injured in a construction site accident when he was struck in the head by a cinder block. Despite the facts that he was wearing a hard hat at the time, the plaintiff still received a serious closed head injury resulting in both memory loss and total disability. The case was handled by both Richard Levinson and James Dunn and settled at the time of trial.
Wrongful Death Jury Verdict $3,000,000
A worker developed asbestosis and lung cancer due to Asbestos exposure. Evidence at trial proved asbestos to be a defective product, which causes harm to workers who use it. Jury awarded the victim's widow damages for wrongful death.
Premises Liability Jury Verdict $3,000,000
An Edison delivery man slipped on a wet floor while delivering a package. He broke his knee in the fall and suffered an injury to his spine, which in turn aggravated pre-existing conditions of incontinence and impotence which had been caused by previous injuries.
Premises Liability Jury Verdict $3,000,000
Our client, a North Plainfield man, was injured when he slipped and fell on snowy steps while exiting his building. He suffered a lumbar disc injury, requiring surgery. The jury found his landlord 100% liable for the accident for failing to clear the steps to the building.
Inadequate Security Jury Verdict $2,700,000
A mother of nine was shot and killed while working at a convenience store. Evidence at trial proved a lack of adequate security, including a panic button and outgoing phone line, had placed this worker at risk. Expert testimony also established that there was an increased risk of criminal activity in convenience stores which had inadequate surveillance equipment. The matter was upheld on Appeal, and settled prior to being reviewed by the New Jersey Supreme Court.
Third-Party Work Injury Settlement $2,650,000
The plaintiff sustained a traumatic amputation of one leg, and a crush injury to the opposite foot, in a construction site accident. The claim was brought against the Department of Transportation, as it had a duty to monitor safety on the work site and its failure to do so contributed to the happening of this accident.
Auto Accident Settlement $2,500,000
Levinson Axelrod Partner, Mark V. Kuminski represented a local Franklin Township woman who was involved in a three-car motor vehicle accident. The incident occurred when one of the drivers, later named as the defendant in the personal injury lawsuit filed by Mark and our firm, rear-ended a vehicle that had been stopped. Mark’s ability to express the full scope of damages incurred by our client, proved successful in compelling the jury to rule in our client’s favor.
Motorcycle Collision Settlement $2,500,000
A young man was seriously injured while riding his motorcycle to work when another driver made a left hand turn in front of him, leaving our client had no memory of the accident. He suffered a number of serious fractures and underwent multiple surgeries, leaving him with disabilities. The case settled on the second day of trial.
Premises Liability Settlement $2,500,000
Our client was injured while delivering a 3,000 pound piece of equipment to defendant's premises. The defendant's employees were assisting our client in unloading the product when one of them prematurely activated the lift gate, causing the piece of equipment to fall and strike his legs. He suffered serious injuries to both legs, requiring multiple surgeries.
Personal Injury Settlement $2,500,000
Our client suffered a traumatic head injury after falling due to an unsecure railing.
Personal Injury Settlement $2,500,000
A $2.5 million settlement secured by Levinson Axelrod, P.A. Partner Brett Greiner.
Personal Injury Jury Verdict $2,250,000
The plaintiff injured her ankle when she stepped into a cement cut out in a commercial sidewalk where a tree had been planted. The plaintiff had been walking on the sidewalk on her way to a down town holiday festival. Her attention had been distracted by a negligently placed chestnut grilling stand, thereby diverting her attention away from the cut out. The plaintiff brought claims against both the property owner and the operator of the chestnut stand.
Levinson Axelrod, P.A. is committed to helping good people through difficult times. We build real relationships and make communication a priority to provide the best possible service and results.
Celine took what I thought would be a stressful situation and turned it into a wonderfully positive experience for me and for my family. Her passion for her job, and her compassion towards her clients, is without limit. She is a fighter.” - P.G.
I recently had the pleasure of working with the remarkable attorneys, Celine and Richard, at Levinson Axelrod, and I cannot recommend them highly enough! Thank you for your exceptional work and for going above and beyond to secure justice for your clien”- P.T.
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