Can you File a Medical Malpractice Claim for Kidney Cancer Misdiagnosis?
When an individual visits a physician or hospital in hopes of receiving answers about the kidney symptoms that they are experiencing, the last thing they want is the healthcare provider to waste their time and money by misdiagnosing them. However, this happens more often than you can imagine.
The Agency for Healthcare Research and Quality recently released a report stating that more than seven million people are misdiagnosed by emergency room facilities each year in the United States.
What is kidney cancer, and what are the signs to look for?
The National Kidney Foundation explains that kidney cancer “happens when healthy cells in one or both kidneys grow out of control and form a lump.” This type of cancer is in the list of top 10 most common cancers in both women and men. The cause of kidney cancer remains unknown, but it is currently believed that some people are simply more prone to developing it as they become older. However, genetics can play a role along with smoking, obesity, blood pressure issues, and more.
The signs and symptoms of kidney cancer include:
- Pain in your lower back
- Blood in your urine
- A lump near the waist or lower back
- Weight loss
- Fever
- Feeling tired
- Night sweats
Many kidney issues, such as kidney stones and kidney infections, come with similar symptoms as kidney cancer. Therefore, it is important that you seek medical treatment and let your doctor know about your symptoms right away. It then becomes their duty to perform accurate tests to determine if you have an infection, stones, or something more serious such as kidney disease or kidney cancer.
How is kidney cancer misdiagnosed?
While a licensed doctor should be aware of the signs and symptoms that indicate a patient might have kidney cancer, they may still fail to diagnose this illness right away or at all. Here are some of the reasons why doctors misdiagnose kidney cancer:
- They did not take the time to learn about the patient’s symptoms.
- They did not ask about the patient’s medical history.
- They failed to run specific tests that may indicate kidney cancer.
- They did not look at the test results or accurately interpret them.
- They believed that it was a different condition or illness and began treating the patient for something else besides kidney cancer.
- They mixed up or lost the patient’s paperwork or documents.
Although these examples are very unprofessional, they do tend to happen. As a result, you can receive a kidney cancer misdiagnosis, which is considered medical malpractice. The reason for this is because a competent physician would not make mistakes that would put their patients’ lives at risk.
The consequences of a kidney cancer misdiagnosis
When a patient visits a medical facility with symptoms of kidney cancer, they have a better chance of survival if their condition is caught early. Most of the time, these patients need to begin chemotherapy treatments or have their entire kidney removed as quickly as possible. However, if they receive a misdiagnosis, the consequences can be traumatic and life-threatening. They will not only spend unnecessary time and money on treatments for another condition that they did not have, but the cancer can begin spreading throughout their body very quickly. This may lead to other organs and body parts becoming infected with cancer, decreasing their chances of survival.
How can an attorney help me with a kidney cancer misdiagnosis case?
At Merkel & Cocke, P.A., we take kidney cancer misdiagnosis cases very seriously. Therefore, we will do everything we can to show substantial proof that a doctor caused you unnecessary harm by misdiagnosing your kidney cancer. In order to successfully do this, we must establish these four elements:
- Duty of care: Your doctor, as well as any other medical professionals associated with your diagnosis and treatment, owes you a duty of care.
- Breach: Your doctor breached this duty of care by failing to meet your medical needs. We may prove this by showing that another doctor would have never put you in this same situation and would have accurately diagnosed you initially, or that a breakdown in the process (with your doctor, with the testing, with your health records) led to a delayed or missed diagnosis.
- Injury: Your doctor’s negligence directly resulted in your injuries.
- Damages: If you suffered any losses since your kidney cancer misdiagnosis, we would use this information to prove that the defendant owes you compensation for these losses.
Our Mississippi medical malpractice lawyers will build a strong, convincing case to fight for your right to the compensation you deserve. We offer powerful legal representation to people who have been harmed or injured by a kidney cancer misdiagnosis. Our team knows the ins and outs of these types of cases and will use our knowledge, skills, and experience to help you find the answers to your legal questions and secure the compensation you are owed by the negligent medical provider.
Kidney cancer misdiagnosis cases can be confusing, complex, and difficult to navigate. Therefore, you should consider hiring a Mississippi medical malpractice lawyer from Merkel & Cocke, P.A. We have over four decades of experience standing up for the rights of victims of negligent physicians, and our team will pursue compensation to help you pay your medical bills, daily bills, and other life expenses during these trying times. Our goal is to help you get back on your feet as well as receive peace of mind throughout the legal process. Call our office or complete our contact form to schedule a free consultation. We serve clients in Jackson, Clarksdale, Greenville, and Oxford for your convenience, and we look forward to hearing from you soon.
After graduating from the University of Virginia Law School in 1975, Mr. Cocke and Mr. Merkel established Merkel & Cocke, P.A. in 1982. Since that time the emphasis of Mr. Cocke’s practice has progressed toward medical malpractice. At the present time his practice is exclusively devoted to handling medical negligence cases for the plaintiff, either as a result of direct contact by the client or on referral from other attorneys who are not familiar with the handling of medical negligence cases. Mr. Cocke was selected Best Lawyer of the year for 2012 and 2014 in The Memphis area in the field of Medical Malpractice and has been selected a Best Lawyer and Super Lawyer every year since 2006. Learn more about John Hartwell Cocke here.