Delayed breast cancer diagnosis is one of the most commons forms of medical malpractice. The claim arises when the physician (typically a family practitioner/ surgeon/ dermatologist/ obstetrician or gynecologist) discount or fail to recognize the severity, the physician fails to properly read a radiology scan (Radiology Errors), or a physician or hospital fails to report the results or follow up with the patient.
The cancer then grows and advances to more critical stages that requires more severe treatment (mastectomy, radiation, chemotherapy) than would have been required had the cancer been diagnosed earlier. Moreover, the cancer can infiltrate the lymph nodes and cause a greater chance of recurrence further decreasing the chance of survival.
A medical malpractice case may provide answers to questions that the physician or hospital have been unwilling to provide, as well as provide for compensation for the misdiagnosis of cancer and all injuries that were caused by a Diagnostic Error and delay in treatment.
Joseph Lyon is a highly-rated, experienced, and passionate medical malpractice attorney handling hospital negligence and breast cancer misdiagnosis cases. For a free and confidential consultation call 800. 513. 2403 or complete the intake form. You will speak with Mr. Lyon directly.
Confidential settlement for failure to timely diagnose breast cancer in a 39-year-old woman. As a result of the delay, the evidence demonstrated that the patient suffered a 50% increase in the likelihood of recurrence, which would ultimately return as terminal metastatic disease.
The failure to diagnose arose from the physician’s failure to communicate a positive biopsy which showed early stages of breast cancer. Had the biopsy been communicated the patient would have been treated with excision and avoided chemotherapy, mastectomy, and had a 95% chance of survival.
After two years of litigation, the parties reached a confidential settlement that accounted for medical bills, mastectomy, as well as all wrongful death damages.
In all Medical Negligence cases, it is the Plaintiff’s (i.e, the patient) burden of proof. There are four legal elements to prove a medical malpractice case based on a misdiagnosis of breast cancer.
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ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
The first step in any medical malpractice case is to determine whether the physician breached the standard of care. There is not one standard of care that applies to all clinical scenarios. In most cases, the patient presents to her physician complaining of a small, painless, lesion or mass she has discovered on her breast.
The standard of care will depend on the specific case (i.e., presentation of the patient, objective/ subjective findings, and follow up instructions). However, there are some general rules found in the authoritative texts and practice manuals that the majority of experts and physicians would agree with.
The causation component of the case will depend greatly on the individual case and requires the close scrutiny of a highly qualified oncologist who is familiar with all the latest clinical studies, as the data changes frequently.
This short discussion cannot address all the issues that arise in this part of the case. The case will depend on what stage the cancer was at the time when it should have been diagnosed versus when it was ultimately diagnosed.
Many factors go into staging the cancer and developing the treatment plan for the patient. A few general rules include:
In short, causation will require showing that the stage and treatment would have been lower had the cancer been diagnosed earlier.
The following are compensable damages in medical malpractice lawsuits based on a misdiagnosis of breast cancer:
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When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties. Medical malpractice lawsuits improve the quality of healthcare by holding physicians and hospitals responsible when they fall below a professional standard of care.
Hospitals, medical staff, nurses and doctors are responsible for providing proper patient care. When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties.
Without medical malpractice laws, medical mistakes would go without consequence, patients would be uncompensated for preventable injuries, and medical providers would have less incentive to improve the medical system to prevent future injuries.
Despite the reports discussed above, frivolous claims brought by medical malpractice attorneys and runaway juries have been blamed as causing a medical crisis. There is no medical malpractice crisis, it is simply propaganda created by the U.S. Chamber of Commerce and large insurance companies to pollute the American jury pool and change the law in a manner that is favorable to them and adverse to the average American. And sadly, it has worked.
Currently, 90 percent of juries side with the physician over the patient at trial. As a result, insurance companies are bolder than ever and refuse at times to settle even the most meritorious of cases knowing that the chances of the patient finding a fair and impartial jury is extremely low, especially in more conservative parties of the country such as Hamilton County, Ohio.
The Deficit Reduction Act of 2005 required that conditions be identified that (a) are costly and occur at high rates, (b) are assigned as cases to the Diagnosis-Related Group, and (c) could have ultimately been prevented with appropriate care. These hospital-acquired conditions occur as negligence on the part of hospital staff and often result in a multitude of medical malpractice lawsuits.
Conditions that meet the three requirements for identification:
Many hospitals and physicians are taking proactive approaches to resolve viable medical malpractice claims by approaching patients who do not have legal counsel. The “family meeting” presentation will include deterring patients from seeking legal counsel. This is a very concerning development in the course of medical liability and risk management.
We strongly advise patients not to engage in “family meeting” settlement negotiations without an experienced Cincinnati medical malpractice lawyer present. Hospitals and physicians have lawyers who are specialized in medical malpractice claims advising them on how to approach the case, and it is only fair that the patient is afforded the same benefit of qualified counsel.
The “family meeting” practice of settling hospital negligence cases without an attorney does not benefit the patient in most cases, but almost always benefits the negligent hospital.
Do not be deterred by a hospital representative implying that the case will be compromised if you seek counsel. While attorney fees will need to be paid, those costs should not be a deterrent. The Lyon Firm adopts a lower contingency fee structure and offers hourly rates for cases that can be resolved without litigation.
If the parties wish to resolve the matter, having qualified counsel on both sides is beneficial to the process. The goal should be a settlement where both parties are satisfied, not a case where the hospital pays substantially less than the fair value of the claim.
There are numerous issues that need to be considered before settling a medical malpractice case, and you should know what the fair value of the claim is before accepting a settlement.
The hospital knows the fair value having been involved in other cases. You as the patient should work with counsel who has successfully worked on other cases and can advise on the appropriate risk of future litigation and settlement value.
If a hospital is approaching you or a family member about a settlement without a Cincinnati Medical Malpractice lawyer, please call (800) 513-2403 for a free consultation.
Our Firm will help you find the answers. The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered.
Experience: Joe Lyon is an experienced Cincinnati Medical Malpractice Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Medical malpractice lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.
Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.
Results: Mr. Lyon has obtained numerous seven and six figure results.
The process for investigating a medical malpractice claims involves the following steps:
The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law.
(Cincinnati, Ohio): Confidential settlement for a family due to a wrongful death. An emergency room physician failed to recognize the common symptoms associated with bowel obstruction and prescribed a contraindicated medicine of GoLytley. The patient died at home the day of discharge after taking the medication. The case against the emergency room physician was resolved by settlement following extensive discovery. The settlement was paid to the spouse and surviving adult children for the loss of their mother. While no amount of money could bring back their mother, the case provided answers and held the hospital accountable.
(Cincinnati, Ohio): Joe Lyon was second chair in a case involving the failure of a physician to promptly communicate a positive breast cancer result to a patient. As a result of the delay, the cancer progressed from in situ carcinoma to stage 3B with lymph node involvement. The treatment required mastectomy and radiation/ chemotherapy rather than a simple excision. The case settled after extensive discovery. The defense argued: “the patient should have called the physician.” The settlement provided recovery for suffering through a misdiagnosis and the loss of a spouse and a mother. While the settlement cannot bring this wonderful woman back, it helped her family move forward with life’s challenges and encouraged future accountability.
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