Delays Or Misdiagnosis Of Cancer

Delayed or Missed Cancer Diagnosis Attorney Somerville, NJ

Serving the Victims of Medical Malpractice across Somerset and Hunterdon Counties

Delays in Diagnosis of Cancer

Unlike a few years ago, getting a diagnosis for cancer no longer means it is a certain death sentence. Thanks to leaps in medical science, several treatments and methods are available that can cure or retard the spreading of this fatal disease if it is caught at an early stage. However, proper diagnosis and effective treatment in a timely manner is of paramount importance when it comes to cancer.

When a doctor makes a diagnosis error, it can lead to a delayed or incorrect treatment, or no treatment at all, which can make a cancer patient’s condition much worse over time. In such a situation, a patient or their loved ones can file  a medical malpractice claim against the doctor, surgeon, hospital or other responsible parties in order to recover monetary compensation for the resulting damages.

Attorney Brian J. Levine has extensive experience handling medical malpractice claims of all kinds for clients across Somerset and Hunterdon Counties including Bridgewater, Somerville, and New Brunswick. Practicing exclusively medical malpractice and personal injury law, Brian Levine is ideally suited to helping you and your family recover the compensation you deserve for injuries or wrongful death incurred because of negligent doctors, hospital administrators, and medical care professionals. It is not your fault that they broke your trust, and you shouldn’t be the one to pay for the consequences of their mistakes.

When can a Cancer Misdiagnosis lead to a Medical Malpractice Claim?

There are several situations where you may have a viable medical malpractice claim for cancer misdiagnosis. These circumstances include, but are not limited to:

  • Failure to identify and investigate symptoms that a doctor with similar capabilities would have recognized and examined
  • Failure to order appropriate tests for cancer corresponding with the medical state and symptoms of the patient
  • Administer inappropriate or incorrect treatment according to the patient’s condition
  • Failure to provide standard follow-up care to evaluate the effectiveness of a prescribed treatment
  • Failure to read or interpret cancer test results from the testing laboratory
  • Intentionally not disclosing certain cancer-related symptoms to the patient
  • Failure to prescribe acceptable treatment for symptoms
  • Failure to comprehend the indications of cancer in an appropriate and timely manner
  • Failure to execute further testing or treatment recommended by other medical professionals
  • Failure to refer the cancer patient to a specialist or a more qualified doctor when they lack the required skill set and qualification to diagnose or treat the condition or symptoms of the patient

In all of these above cases, the doctor or medical staff failed to take the steps required of them necessary to properly diagnosing and treating their patients. If you believe this to be the case, and have been harmed as a result, you may have a medical malpractice case. Contact The Law Office of Brian J. Levine today to further discuss your case and options in a free and confidential consultation.

Hillsborough Medical Malpractice Attorney Discusses How to Win Your Case

While all the above circumstances can qualify as a delayed or misdiagnosis medical malpractice claim, in order to achieve a favorable result, you and your Somerville medical malpractice attorney need to be able to prove three key things:

  1. There existed a doctor-patient relationship.
  2. The medical practitioner breached their professional standard of care.
  3. The negligence/misdiagnosis of the medical practitioner resulted in aggravation of the disease or the patient’s death.

Proving a doctor-patient relationship usually only involves reviewing medical records of your care facility. The difficult part of any medical malpractice case is showing that the doctor or medical care professional breached their standard of care. Different doctors working in different kinds of facilities all have different standards of care. If you go to an Emergency Room doctor, and tell him/her that you haven’t been feeling well for a few weeks, their standard of care involves helping you relieve the immediate discomfort, and then recommending that you speak with a specialist for further examination. An emergency room doctor that does not immediately diagnose your cancer is probably not liable.

On the other hand, if you visit an oncologist, and they fail to properly diagnose your cancer, or misdiagnose the type of cancer you have, that is almost certainly a breach in their standard of care.

Finally, you will need to be able to show that, because of the delayed or missed diagnosis, your cancer became worse or physical condition is worse than it would have been had the doctor originally made the proper diagnosis. By consulting with medical professionals, who can describe to a jury exactly how your condition has worsened because of the delay or missed diagnosis of your cancer, Brian Levine helps you prove, and eventually win, your medical malpractice case.

Bridgewater Delayed Cancer Diagnosis Attorney Holds the Right Parties Accountable

Any entity or medical professional taking part in the cancer diagnosis and treatment plan may be held legally accountable for medical malpractice. This includes primary care physicians, cancer specialists, nurses or assistants, laboratory or laboratory staff, and others. Additionally, faulty testing or medical equipment can also result in a cancer misdiagnosis. In such a situation, the manufacturing company may be held responsible for medical negligence.

It is important that you and your New Brunswick cancer missed diagnosis attorney thoroughly review all of the information related to your case, in order to correctly determine from the onset, exactly who the responsible parties are. If you fail to correctly identify the negligent parties, your case may be dismissed, and if you only identify a portion, but not all, of the negligent parties, you may not receive all of the compensation you deserve for your medical malpractice case.

Contact a Somerset County Cancer Misdiagnosis and Delayed Diagnosis Attorney Today

The Law Office of Brian J. Levine has helped many clients across towns like Franklin, Bridgewater, Hillsborough, and the greater Somerset County and Hunterdon County area to successfully recover compensation for delays or missed cancer diagnosis.

If you or your loved one has been the victim of a delayed or missed diagnosis of cancer, and your health has been negatively affected as a result, you shouldn’t suffer in silence. It is important that you hold the responsible parties accountable, both for your own sake as well as for future patients who are depending on those same medical professionals for their care.

Our office has nearly 30 years of experience representing clients in all kinds of medical malpractice cases, let our experience begin working for you today.

To speak with Brian J. Levine in a free and confidential consultation regarding your unique situation and your potential medical malpractice claim, please contact us online at or through our Somerville office at 908-243-0111.