Falsely Diagnosed with Cancer Settlements in Colorado

Receiving a cancer diagnosis is a devastating experience that can have profound physical, emotional, and financial implications on a person and their loved ones. However, being falsely diagnosed with cancer compounds the trauma, leading to unnecessary treatments, emotional distress, and financial strain. A study from the BMJ (British Medical Journal) has found that anywhere from 10%-28% of cancer diagnoses are in fact misdiagnoses. A false cancer diagnosis will typically fall under the medical malpractice branch of the law, as a misdiagnosis is usually the result of some sort of human or testing error.

If you’ve been wrongly diagnosed with cancer in Colorado, you may be entitled to seek compensation through a legal settlement. At the Law Offices of Rodemer Kane, we want to do all we can to help you during this traumatic time, and we have the knowledge and experience with medical malpractice cases to get you the compensation you need to help you recover from your inaccurate cancer diagnosis and the strain it has put on your life. Contact our Colorado Springs law office online or call 719-635-7886 to book a free case consultation.

How Does A False Diagnosis Of Cancer Occur?

There are many reasons why a false diagnosis of cancer may occur, including medical errors, misinterpretation of test results, miscommunication between healthcare providers, and even sheer bad luck. Some of the most common reasons for false cancer diagnoses include:

Misinterpretation of Test Results – Medical imaging tests like X-rays, MRIs, CT scans, and biopsies are essential for diagnosing cancer. However, if a technician makes an error in interpreting the results, it can lead to a misdiagnosis. Sometimes, benign tumors or non-cancerous abnormalities can be mistaken for cancerous growths.
Sampling Errors – In cases where a biopsy is performed to collect tissue samples for analysis, errors in the sampling process can occur. If the biopsy misses the cancerous tissue or if the sample is contaminated, it can result in a false negative or false positive diagnosis.
Laboratory Errors – Errors can also occur in the laboratory during the processing and analysis of tissue samples. Contamination, mislabeling, or mix-ups of samples can all lead to inaccurate results and a false cancer diagnosis in some cases.
Clinical Judgment Errors – Healthcare providers may sometimes rely too heavily on clinical judgment or overlook important symptoms, leading to an incorrect cancer diagnosis.
Second Opinion Discrepancies – Discrepancies between the opinions of different healthcare providers can also contribute to confusion and uncertainty regarding a cancer diagnosis.

Common Types of Misdiagnosed Cancers

Several types of cancer are more prone to misdiagnosis due to various factors such as their symptoms, presentation, and diagnostic challenges. Some common types of misdiagnosed cancers include:

1. Breast Cancer – Breast cancer misdiagnosis can occur due to overlapping symptoms with benign breast conditions, such as fibroadenomas or cysts, and variations in imaging interpretations. False-positive mammograms or misinterpreted biopsy results may lead to an incorrect diagnosis of breast cancer.

2. Lung Cancer – There are other medical conditions that can easily be mistaken for lung cancer, such as chronic obstructive pulmonary disease or COPD. Because lung cancer can be associated with nonspecific symptoms like coughing, shortness of breath, or fatigue, it mimics other respiratory conditions. Imaging errors, misinterpretation of biopsy samples, and failure to follow up on abnormal findings can all contribute to a misdiagnosis.

3. Colorectal Cancer – Colorectal cancer misdiagnosis may occur due to symptoms resembling benign gastrointestinal issues like hemorrhoids or irritable bowel syndrome. Inadequate screening or diagnostic tests, as well as errors in interpreting colonoscopy or biopsy results, can lead to delayed or missed diagnoses.

4. Prostate Cancer – Prostate cancer is prone to overdiagnosis and underdiagnosis due to the limitations of prostate-specific antigen (PSA) testing and the indolent nature of some tumors. False-positive PSA results can prompt unnecessary biopsies, while false-negative results may delay diagnosis until the cancer has progressed.

5. Skin Cancer – Skin cancer, including melanoma and non-melanoma types like basal cell carcinoma and squamous cell carcinoma, can be misdiagnosed as benign skin lesions or vice versa. Errors in clinical assessment, incomplete biopsies, and challenges in distinguishing between benign and malignant lesions contribute to misdiagnosis. When benign lesions are diagnosed as cancerous, it can lead to aggressive and unnecessary treatments.

It’s essential for healthcare providers to be vigilant in evaluating patients with suspected cancer, considering different diagnoses, and conducting thorough diagnostic assessments to minimize the risk of misdiagnosis and ensure timely and accurate treatment.

Legal Basis for Falsely Diagnosed Cancer Claims

Falsely diagnosed cancer cases typically fall under medical malpractice or negligence claims. To establish a valid claim, the patient who has been misdiagnosed must be able to prove the following:

• Duty of Care: That the healthcare provider who diagnosed you owed a duty of care to you.
• Breach of Duty: That the healthcare provider then breached their standard of care to you by misdiagnosing you with cancer.
• Causation: The misdiagnosis directly caused harm to the patient, resulting in physical, emotional, or financial damages.
• Damages: The patient suffered damages, such as unnecessary medical treatments, emotional distress, lost wages, and diminished quality of life, due to the inaccurate cancer diagnosis.

Factors Affecting Wrongful Cancer Diagnosis Settlement Amounts

Several factors will influence the potential settlement amount you may receive for a false cancer diagnosis. The extent of physical, emotional, and financial harm that you suffered will play a significant role in determining your false cancer diagnosis settlement amount. The costs that you were forced to pay out for unnecessary treatments, medications or even surgeries, as well as any lost income you sustained will all be considered. You may also be able to recover non-economic damages for the pain and suffering you endured due to your misdiagnosis.

Contact a Cancer Misdiagnosis Attorney Near You in Colorado

Seeking compensation for a falsely diagnosed cancer case requires navigating the complex legal process. It’s essential to consult with an experienced medical malpractice attorney near you who specializes in handling such cases. An attorney can assess the merits of your claim, gather evidence, consult medical experts, and negotiate with insurance companies on your behalf. Being falsely diagnosed with cancer is a traumatic experience that can have long-lasting repercussions on physical, emotional, and financial well-being. If you believe you’ve been wrongly diagnosed with cancer due to medical negligence or malpractice in Colorado, you have the right to seek justice and compensation. If you live in or near Colorado Springs, CO, we invite you to reach out to the team here at the Law Offices of Rodemer | Kane. We are here to help. Contact us online or call us at 719-635-7886 to set up a free consultation.