VA Cancer Misdiagnosis Attorneys

How Common Are Cancer Misdiagnoses?

When a patient’s cancer or cancer symptoms are mistaken for another health condition or are not diagnosed within a reasonable amount of time, the result can be considered cancer misdiagnosis. A study published in the National Library of Medicine that examined more than 2,150 diagnostic error claims concluded that nearly half of all diagnostic errors by primary care practices are related to cancer misdiagnoses. The same study also found that half of those cancer misdiagnoses were caused by a failure or delay in ordering the right diagnostic test and about a third were caused by a failure or delay in referring the patient to a specialist or oncologist.

Among the many types of cancers, the five that are the most commonly misdiagnosed are:

1. Breast cancer
2. Lung cancer
3. Colon or colorectal cancer
4. Skin cancer
5. Prostate cancer
6. Kidney cancer

What Should VA Doctors Do to Diagnose Cancer?

Doctors and other medical providers in VA hospitals often have access to advanced medical technology made to identify cancerous growths anywhere in the body. If this technology is not immediately available at a VA clinic, it should be feasible to refer the patient to another VA medical center that can conduct such tests. VA cancer misdiagnosis can occur when a medical provider working in or for a VA medical center fails to utilize the right medical equipment to test for cancer.

Different medical tests and equipment that can be used by a VA doctor to diagnose cancer in a patient include:

• Biopsy
• Bone scan
• Computerized tomography (CT) scan
• Magnetic resonance imaging (MRI)
• Positron emission tomography (PET) scan
• Ultrasound
• X-ray

Utilizing medical technology to test for cancer but misinterpreting the test results is another mistake that can lead to cancer misdiagnosis. Furthermore, it should be noted that a VA doctor can use many other non-tech-centric methods to check for cancer in a patient. For example, something as simple as reviewing the patient’s medical history and notes about their family’s history with cancer can make an important difference in the diagnosis process. If a VA doctor does not even take the time to check medical records for signs of cancer, it could be a clear indicator that medical malpractice occurred.

How Dangerous is Cancer Misdiagnosis?

When a VA doctor fails to properly diagnose cancer, the patient could suffer from:

• Cancer progression: Undiagnosed cancer is untreated cancer, so it can progress unchecked. If a cancer misdiagnosis causes a notable delay in a patient’s cancer treatments in a VA hospital, it could be the direct cause of that patient’s severe health problems or even loss of life later.
• Unnecessary treatment: A VA doctor who has not identified cancer correctly might try to treat whatever health condition they think the cancer is, resulting in the patient undergoing unnecessary or inaccurate treatments. Whenever a treatment is conducted that isn’t correct for the patient’s true condition, it can result in a wide variety of problems and health issues.
• Emotional trauma: Suffering from a cancer misdiagnosis is bound to be emotionally traumatizing, especially if the misdiagnosis allows the cancer to worsen.

What is an FTCA Claim?

The Federal Tort Claims Act (FTCA) is a legal statute that allows private parties to recover compensation from certain torts filed against the United States Government. In most cases of military medical malpractice, including VA cancer misdiagnosis, the injured patient cannot file a typical injury claim against the military hospital or VA medical center to pursue compensation for their losses. Instead, the law requires them to file an FTCA claim because the defendant is or is associated with the federal government.

FTCA claims are “administrative claims,” too, which means that they do not go before a judge or jury in a courtroom right away. Although filing an FTCA claim after suffering from cancer misdiagnosis in a VA hospital will enter you into an administrative claims process, you still have the right to hire an attorney to guide and represent you from start to finish. Once the administrative claim reaches a final decision, you have the right to file a lawsuit in federal court.
 

We Have 50+ Years of Experience – Call Now

For decades, the trial attorneys of National Trial Law have been standing up for the rights of injured veterans and their families. If you have suffered from the consequences of a cancer misdiagnosis caused by a doctor or oncologist at a VA hospital anywhere in the country, we want to hear from you. With our counsel, you can feel confident about your options, which may include filing an FTCA claim or eventually a federal lawsuit if your claim is not resolved fairly.

Talk to our VA cancer misdiagnosis lawyers now. Call (833) 913-1885.