Nobody wants to start a fight with cancer! Yet over 1.9 million new cases of cancer are expected to emerge in the US by the end of 2022, resulting in over 609 thousand deaths – tragic!
According to experts, correct and early diagnosis of cancer is key to reducing the threat of the disease and increasing our chances of successful treatment. But when our own trustworthy doctors fail to diagnose the disease correctly, where else can we go?
Millions of families in the US have been tremendously disturbed by cancer misdiagnosis. A recent study from the National Cancer Institute (NCI) revealed that 10% – 20% of all cancer cases are misdiagnosed.
What’s the average compensation for misdiagnosis of cancer? The median payout for cancer-related malpractice cases is about $1.75 million, although these cancer misdiagnosis compensation amounts vary significantly depending on the severity of damages and the type of cancer involved.
Seeking better insights into cancer misdiagnosis payouts? This article will help you understand important aspects of cancer misdiagnosis lawsuits, including relevant details about the average compensation for these cases.
What is cancer misdiagnosis?
Cancer misdiagnosis occurs when a patient has symptoms of cancer but the doctor fails to diagnose the disease correctly. This often leads to unnecessary suffering for patients and their families as well as increased medical costs for everyone involved – and in the worst cases, death.
Are there different types of cancer misdiagnosis? A report from the National Library of Medicine revealed that Missed cancer diagnoses represented 980 (46%) cases of primary care diagnostic errors, most commonly from lung, colorectal, prostate, or breast cancer.
Here are a few common types of cancer misdiagnosis:
- Diagnosing the wrong type of cancer (e.g., breast cancer instead of ovarian cancer)
- Diagnosing the wrong stage (e.g., stage 1 cancer instead of stage 4)
- Diagnosing the wrong location (e.g., lung cancer in someone who doesn’t smoke).
Who is accountable for cancer misdiagnosis?
It varies from case to case but generally, there are three parties involved:
- The doctor who performed the initial exam failed to detect any signs of cancer;
- The hospital where the initial exam took place;
- The insurance company that covered the patient’s medical expenses during diagnosis and treatment of their illness
What is the average settlement for cancer misdiagnosis lawsuits?
In Florida and California, where there are more people living with cancer, the average payout is usually higher than that of other states. Generally. Compensation for cancer misdiagnosis is more expensive compared to other medical malpractice cases.
The average payout for a medical malpractice lawsuit involving cancer misdiagnosis is $2.2 million, according to data from the Department of Justice’s National Health Care Fraud and Enforcement Action Team (HEAT) Strike Force.
It is hard to place accurate numbers on Misdiagnosis of cancer compensation. Based on recent trends, payouts range from $500 thousand to $2.5 million, depending on the severity of damages resulting from the error, and the specific type of cancer involved.
Do you have a winnable cancer misdiagnosis case?
Unfortunately, many people who have experienced a misdiagnosis are unable to prove their case. The first thing to do is to contact your attorney for professional counsel.
Meanwhile, here are a few tips on how you can verify that you have a winnable cancer misdiagnosis case:
- Get copies of all of your medical records from your doctor and the hospital where the procedure was performed. You should also ask for copies of any test results or other documentation related to your diagnosis.
- If possible, get copies of any photographs taken during the procedure in question so that you can see if there were any problems that might have led to an incorrect diagnosis.
- Make sure that you understand all of your legal rights before filing suit against your doctor, or hospital.
Final thoughts
On average, how much compensation for misdiagnosis of cancer should a victim or their family expect? This article provides a fairly accurate estimate of cancer misdiagnosis payouts in the US, which according to research could vary from $500k to $2.5 million. If you’re convinced that you’ve been a victim of medical malpractice, please seek legal counsel sooner than later.
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