Failure to Diagnose Lung Cancer

The Failure to Diagnose Lung Cancer and Medical Malpractice

Lung cancer can be difficult to detect in its early stages. The symptoms can be similar to the common cold: a chronic cough, hoarse voice and difficulty breathing. Additionally, an X-ray at the doctor’s office may not detect signs of lung cancer. However, without proper screening or diagnosis during this critical time, lung cancer can lead to premature death.

Was your or a loved one’s lung cancer missed by your doctor or misdiagnosed? We can help. At Smiley & Smiley, LLP, our New York City attorneys have experience helping individuals and families through the legal process. We will stand by your side and help you seek justice after a misdiagnosis of lung cancer.

Why Choose an Attorney at Our Firm?

Our attorneys have handled more than 1,000 medical malpractice claims, including many verdicts and settlements greater than $1 million. We have the knowledge and insight to provide you with a clear assessment of your case. We will explain what you can expect going forward, and we will work with you at every stage so that you stay informed and that your case is handled diligently and efficiently.

Thorough Investigation into Your Misdiagnosed Lung Cancer

When you work with our firm, we will conduct a thorough investigation into your case. We have experience reviewing and assessing medical records to determine the source of the misdiagnosis and to determine if your doctor — or another medical professional — was negligent.

Every misdiagnosis case is unique, and whether the medical professional was negligent in your case will depend on the facts.

• Did the doctor fail to perform the proper tests and screenings at an early stage? The earlier you can diagnose lung cancer, the better chances for recovery. These tests should be performed if there is an indication of lung cancer such as a patient who is coughing up blood, an ex-smoker, a smoker over 40 or whose family has a history of lung cancer.
• Did the doctor improperly read the test results? Misreading X-rays, CT scans, sputum tests and other tests can result in a delayed diagnosis, which will delay the proper treatment.
• Did the doctor fail to refer to an oncologist or other specialist? When test results are suspicious, and the doctor fails to refer the patient to a specialist, it can further delay the proper diagnosis.

Recent Case Results:

$1,395,000 prior to jury selection for the wife and children of a 46-year-old chef who died as a result of a failure to timely diagnose lung cancer.