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What is a Misdiagnosis?

A cancer diagnosis can be very difficult for an individual and their loved ones. But, when that diagnosis is delayed, mismanaged, incorrectly diagnosed, or inadequately treated, that can make an impossible situation that much more devastating.


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A misdiagnosis occurs when medical personnel (such as a doctor, nurse, dentist, or hospital) gives the patient a diagnosis based on symptoms and tests, but that diagnosis ends up being incorrect. A misdiagnosis can be detrimental because it may delay essential treatment, worsen the problem, increase medical costs, further emotional pain for both a patient and their loved ones, and sometimes even cause death. 

The earlier a cancer diagnosis is reached, the greater the likelihood for survival. For example, a 2020 study also found that the chances for a breast cancer patient’s death increased approximately 8% for every four-week delay of a partial or full mastectomy. The risk that exists with cancer is that if it is not caught early on, the cancer can spread throughout the body making treatment challenging and the patient vulnerable to complications as well as death. If the chance to diagnose cancer in a patient early on through testing, screening or diagnosing is missed, that could be a sign of medical malpractice. 

Failure to Diagnose and Delayed Diagnosis

Failure to diagnose an illness is a type of medical malpractice. If an opportunity to diagnose the patient existed but the doctor failed to test for cancer, failed to screen for cancer or failed to provide adequate care for cancer, that could be considered a failure to diagnose. For conditions such as cancer, the earlier scans and tests are done, the better chance of a positive outcome and eliminating the cancer altogether. Mamograms, colonoscopies, MRIs, blood tests among other tests aide in diagnosis.

All patients have the right to adequate treatment under doctors and medical staff who are trained to provide that care. When that treatment is missed, delayed, incorrectly managed or ignored altogether, that can result in detrimental harm for a patient who is struggling and be considered medical practice.

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A cancer diagnosis can be very difficult for an individual and their loved ones. But, when that diagnosis is delayed, mismanaged, incorrectly diagnosed, or inadequately treated, that can make an impossible situation that much more devastating.


New Jersey Office
200 Broadacres Dr. Suite #325, Bloomfield, NJ 07003

New York, NY Office
40 Wall St Suite 3602, New York, NY 10005

Albany, New York Office
113 Great Oaks Blvd., Albany, NY 12203

Buffalo Office:
1397 Kensington Ave Suite #1, Buffalo, NY 14215

New Jersey Office
200 Broadacres Dr. Suite #325, Bloomfield, NJ 07003

New York, NY Office
40 Wall St Suite 3602, New York, NY 10005

Albany, New York Office
113 Great Oaks Blvd., Albany, NY 12203

Buffalo Office:
1397 Kensington Ave Suite #1, Buffalo, NY 14215

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