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Skin cancer misdiagnosis lawsuits are filed when patients suffer undue harm due to erroneous or delayed diagnoses by medical professionals. These legal actions typically arise from healthcare providers’ failure to promptly and accurately identify skin cancer, leading to exacerbated conditions or unnecessary patient suffering. Plaintiffs seek remedies to cover medical expenses, pain and suffering, and other damages incurred as a result of the misdiagnosis.
Skin cancer can be melanoma or non-melanoma. Non-melanoma skin cancer can be either basal cell carcinoma or squamous cell carcinoma. Skin cancer predominantly occurs on areas of the skin that have been exposed to the sun. Skin cancer is the most common form of cancer diagnosed in the country. Each year in the United States, about 1 million men and women are diagnosed with skin cancer. Nearly 60,000 of those cases of skin cancer will be the melanoma form of skin cancer which accounts for a disproportionate number of skin cancer deaths.
The vast majority of skin cancers are treatable if caught at an early stage. Treatments for skin cancer include removal of the cancerous growth either by excision methods or through surgery. With non-melanoma forms of cancer, treatment can also include radiation and chemotherapy delivered either topically to the area or through the traditional form. Treatment for melanoma cancer may be treated with interferon but the use of radiation or chemotherapy is not usually able to cure the cancer and is for the purpose of delaying the growth or spread of the cancer.
Certain cancer types are frequently misdiagnosed, including breast cancer, lung cancer, colorectal cancer, and melanoma. These misdiagnoses often occur due to the failure to offer regular screening for high-risk patients, the complexity of symptoms, overlapping clinical presentations with other ailments, or errors in diagnostic procedures and interpretation, compelling patients to seek legal recourse for negligence in diagnosis.
By the end of a trial, regardless of the outcome, it feels good to know I’ve been in there fighting for someone who needed a strong advocate, typically someone who has suffered the death of a loved one, or a serious, permanent disability.
Misdiagnosis can stem from various factors, including insufficient medical expertise, misinterpretation of diagnostic results, breakdowns in inter-professional communication, patient-related factors such as incomplete disclosure, and systemic shortcomings within healthcare systems. These causes contribute to diagnostic errors, potentially resulting in detrimental consequences for patients and warranting legal investigation.
In some cases, skin cancer can be present in the absence of overt symptoms. That is why screening checks of the skin are used to find the cancer early, when it is easier to treat and/or cure. When symptoms do occur, they may include:
Physicians bear a legal duty to deliver competent care and accurately diagnose medical conditions, including skin cancer. When healthcare providers fail to fulfill this obligation, resulting in harm to the patient, their professional liability insurance carriers may face liability for medical malpractice. Patients impacted by such negligence may pursue legal avenues to seek restitution for their damages, which may include pain, suffering, and other economic or associated losses.
I had a change of heart in midcareer. I love to try cases and it was very satisfying to exonerate a physician I felt did nothing wrong. But a defense attorney typically must defend whatever cases a malpractice insurance company assigns, and I grew tired of having to defend medical care I personally didn’t believe in.
Compensation in cases of failure to diagnose skin cancer varies depending on factors such as the severity of harm endured, incurred medical expenses, loss of income, and the emotional toll suffered by the patient. Plaintiffs may pursue economic damages for financial losses (lost wages, loss of ability to perform household services that loved ones relied upon, loss of companionship in some cases) and non-economic damages to address the pain and suffering caused by the misdiagnosis.
Skin cancer misdiagnosis remains a prevalent concern within healthcare, as studies indicate its occurrence at higher rates than desired. Contributing factors include the nuanced presentation of skin cancer, reliance on visual assessments without confirmatory testing, and potential for diagnostic oversights or errors by healthcare providers. Addressing these issues through heightened awareness, improved diagnostic protocols, and enhanced professional training is essential to mitigate the frequency of misdiagnosis.
Here are some common medical mistakes and errors that can cause a preventable delay in diagnosing skin cancer:
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Early detection of skin cancer can be life-saving, especially if the skin cancer is melanoma. Misdiagnosis or delayed treatment can create the need to surgically remove the growth and surrounding tissue. In addition, delay can mean more aggressive treatment, including the possibility of radical surgery, radiation, and chemotherapy. Sometimes the delay is so great that premature death cannot be avoided. Types of harm caused by delayed damage of skin cancer include:
All men and women should perform self-screening of their skin for any changes. Knowledge of your skin’s appearance and condition can help you recognize when there is a change that may signal a cancerous growth. Men and women at increased risk, such as those with a family history of skin cancer, fair skin, or outdoor jobs with exposure to UV light, should begin this process at an earlier point in time.
A doctor has the responsibility to recommend testing for anyone who has symptoms that suggest the possibility of skin cancer. In addition, early self-screening or screening by a doctor allows cancer to be diagnosed at an early stage before it has metastasized (spread to other organs or tissue elsewhere in the body). Less invasive methods of removing a cancerous growth are an option for patients who are diagnosed prior to the spread of cancer to other parts of the body.
Those patients who have had skin cancer are at risk for the cancer to reoccur. Patients should be vigilant and continue to self screen and regularly visit their doctor for further screening. Treatment for reoccurrences of skin cancer is less successful, so it is important for patients to be attentive and receive treatment from their doctor immediately if there is a suspicion that there is a reoccurrence of the cancer.
No amount of money can make up for unnecessary or preventable death, or for the added pain of knowing that premature death would probably have been avoided had health care professionals acted properly. However, premature death creates a financial hardship for families, and the responsible party should bear that cost. In addition, delayed treatment of skin cancer creates additional health care costs, lost wages, and in some cases permanent disability.
If you or a loved one has been injured or lost their life due to what you suspect may have been a failure to diagnose skin cancer, you may be entitled to compensation including:
Learn more about frequently asked questions related skin cancer misdiagnosis.
Collectively, New Jersey medical malpractice lawyers Michael L. Weiss, Esq. and Robert E. Paarz, Esq. have presented over 10 medical malpractice cases relating to the failure to diagnose skin cancer to juries and have helped many families achieve substantial financial recoveries. They are committed to using their knowledge and experience to help any individual or family who has suffered a severe, permanent injury or death due to medical malpractice to obtain fair compensation.
If you believe you or a loved one may have experienced such an injury, please contact Weiss & Paarz, P.C., today.
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