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A cancer diagnosis changes everything. But when a doctor fails to diagnose cancer at all — or misreads a test result, fails to order the right screening, or dismisses symptoms that warranted further investigation — the consequences can be devastating and irreversible. Early-stage cancers that are highly treatable can become late-stage cancers with far worse prognoses, simply because a physician did not do their job.
As frightening as the word is, many forms of cancer, in the early stages, respond well to treatment. Simple and relatively inexpensive tests such as the mammogram for breast cancer, the colonoscopy for colon cancer, the PSA test for prostate cancer, and a visual screening for skin cancer are keys to early diagnosis. Even brain cancer, depending on the type and location of the tumor, may be treated effectively.
If a doctor fails to order these tests, a radiologist errs in reading test results, or a patient's doctor fails to follow up on a report, the failure to diagnose cancer or misdiagnosis constitutes medical malpractice. Such malpractice can lead to devastating medical challenges including premature death. At Phil Michels Law, our Los Angeles cancer misdiagnosis attorneys work with our team to see that victims of medical negligence recover compensation for their loss.
Other cancer cases our lawyers have handled involved radiation errors during cancer treatments. Medical malpractice is not necessarily the result of an individual doctor's or technician's lack of concern. The negligence often stems from the hospital or HMO's preference for profits over patient safety. If profit has been prioritized over safety and you have suffered as a result, responsible parties must be held accountable.
Cancer misdiagnosis takes several forms, each of which can give rise to a medical malpractice claim in California:
Failure to Diagnose A physician examines a patient, reviews test results, or receives a pathology or radiology report — and fails to recognize cancer that was present and detectable. Examples include a radiologist misreading a mammogram, a pathologist incorrectly categorizing a biopsy, or a primary care physician dismissing symptoms that warranted a specialist referral.
Delayed Diagnosis The cancer was eventually diagnosed, but weeks, months, or years later than it should have been. In that time, the cancer advanced to a higher stage, spread to other organs, or became inoperable. The delay itself — and its consequences — is the basis for the malpractice claim.
Misidentification of Cancer Type A patient is diagnosed with cancer, but the wrong type. They receive treatment for one form of cancer while a different, more aggressive form goes untreated — allowing the actual cancer to progress unchecked.
Radiation Errors Miscalculated radiation doses, incorrect targeting of radiation beams, or equipment failures can cause catastrophic injury to healthy tissue. Our firm has handled multiple radiation error cases resulting in blindness, spinal cord damage, and permanent neurological injury.
We handle misdiagnosis cases involving all forms of cancer, including breast cancer, colon and colorectal cancer, lung cancer, brain cancer, prostate cancer, skin cancer and melanoma, cervical and ovarian cancer, and pancreatic cancer.
Phil Michels Law has recovered millions of dollars for victims of cancer misdiagnosis and radiation errors in Los Angeles and throughout California, including a $15 million verdict for misdiagnosis of cancer — one of the largest of its kind in Los Angeles.
Child Brain Tumor — Misread CT Scan, Riverside County Record Our client was a six-year-old girl whose brain tumor, located in the pituitary gland, showed up on a CT scan that was misread by a student who had not finished radiology training. As a result of the misdiagnosis, the cancer — very treatable in the early stages — grew and caused permanent injury. Our lawyers recovered the highest amount ever paid in Riverside County for a child cancer case at that time. The girl now has excellent care and a beautiful home suited to her needs.
Radiation Overdose Causing Blindness — Defendant Forced to Admit Fault Our client was given, because of a misplaced decimal point, ten times the normal dose of radiation. As a result she was blinded. The defendant offered a small settlement, saying she was going to die soon anyway. Every member of our firm was offended. We arranged for an early trial date and a new doctor. The defendant paid three times the original offer and formally admitted the mistake.
Radiation Targeting Error — 15-Year-Old Child This fifteen-year-old child had radiation treatments that missed the cancer and attacked the wrong part of her brain. Our client received the maximum amount available.
Spinal Cord Burn from Radiation Overdose — Colon Cancer Patient A young mother had been progressively losing the ability to walk after radiation for colon cancer. Our lawyers found that the radiation was twice as close to her skin as it should have been. As a result of the massive overdose, her spinal cord was burned. Our client's husband received a settlement that allowed him to buy a business, take care of their children, and put the children through school.
To succeed in a cancer misdiagnosis lawsuit, your attorney must establish that a physician deviated from the accepted standard of care and that this deviation caused you harm. In practical terms, this means showing what the standard of care required, that the treating physician failed to meet it, that an earlier diagnosis would have resulted in a meaningfully better outcome, and the full extent of your damages.
These cases require expert testimony from oncologists, radiologists, and pathologists. Our in-house board-certified physician reviews every case we evaluate at no cost to you, and we work with leading medical experts throughout litigation. We have handled cancer misdiagnosis cases against physicians and hospitals throughout Los Angeles County, including major cancer treatment centers, community hospitals, and HMO facilities.
You generally have three years from the date of the negligent act, or one year from the date you discovered the misdiagnosis, whichever comes first. There are exceptions for minors and delayed discovery cases. Contact a Los Angeles cancer misdiagnosis attorney as soon as possible to protect your rights.
Yes. A delayed diagnosis is still malpractice if the delay caused you harm. If your cancer advanced from an early stage to a later stage because a physician failed to act on abnormal test results, you may have a valid claim regardless of the fact that it was eventually caught.
You may be entitled to past and future medical expenses, lost wages, lost earning capacity, and non-economic damages such as pain and suffering. Under California's MICRA law, non-economic damages are currently capped — but economic damages, which often represent the largest portion of compensation in serious cancer cases, are not capped.
Was your cancer misdiagnosed or improperly treated? At Phil Michels Law our staff will help you find out what went wrong. If a member of your family was injured as a result of medical negligence, our attorneys will hold those responsible accountable. Our Los Angeles firm serves clients throughout California and surrounding states — including Santa Monica, Pasadena, Long Beach, and the greater Los Angeles area. Our staff and our lawyers provide far more than legal services, giving our clients the support they need to survive following tragic medical accidents and other acts of negligence.
Please contact our LA office with the facts of your case. Our in-house doctor and medical malpractice lawyers will investigate and explain exactly what your situation is. You will owe us nothing unless we recover compensation on your behalf.
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