As frightening as a diagnosis of breast cancer can be, a misdiagnosis of breast cancer can be even worse. Misdiagnosis of breast cancer can lead to a failure to treat the cancer promptly, resulting in possible metastasis or, conversely, to unnecessary harmful treatment or disfiguring surgery. If you or someone you love has experienced the heartbreak of a misdiagnosis of breast cancer, Cummings Law is here to help you recover the damages you’re entitled to so you can get your life back on track. Also, it is important to be aware that you will pay no attorneys’ fees until we win your case.
Our team of medical malpractice attorneys will fight vigorously to make sure you are compensated not only for your financial losses but for your physical and emotional trauma. Our lead attorney, Brian Cummings, has impressive credentials, a well-earned reputation for outstanding negotiation and litigation skills, and a track record of success. Beyond that, he is a compassionate person who will provide you with personal support as well as excellent legal representation.
Astonishingly, according to the New England Journal of Medicine, 31 percent of all breast cancer cases are misdiagnosed, most frequently by doctors who do not specialize in this disease. Sometimes the negligent doctor is simply guilty of not referring the patient to a capable specialist who will decide whether further testing is necessary. Such lack of focus on the part of a doctor can have grave consequences since earlier treatment leads to a much higher rate of cure.
What constitutes medical negligence?
According to the law, for negligence to exist, the following must be true: [1] the professional owed a duty of care to the patient [2] he/she breached that duty [3] the breach of such duty resulted in injury and that [4] the injury resulted in damages. In other words, we must show that the professional person or entity (hospital or another healthcare facility) deviated from the standards of the profession and caused lasting harm.
What constitutes medical malpractice?
Not every medical error is considered malpractice. The legal basis for medical malpractice is that the medical professional failed to provide the appropriate standard of care, a standard of care that a reasonably skilled medical professional would have provided in the same circumstances.
Negative Consequences of Breast Cancer Misdiagnosis
In order to obtain the compensation you deserve, we must prove that you suffered one of the following due to medical negligence:
- Worsening or spreading of the disease
- Unneeded radiation or chemotherapy that caused you harm
- Unnecessary removal of one or both breasts
- Disfigurement due to removal of breast tissue
You Can Count on Cummings Law
Brian Cummings is a highly capable medical malpractice attorney who, as recently as December of 2018, won a million dollars for a client who had suffered a breast cancer misdiagnosis. Don’t surrender to being a victim of medical malpractice. Have a free consultation with our firm to determine whether you have a viable case. If so, Cummings Law will work tirelessly to win you a substantial settlement through negotiation, or, if necessary, fight hard for you in a court of law.
Types of Breast Cancer Misdiagnosis
Tragically, not only is breast cancer one of the most commonly misdiagnosed medical conditions; it can be misdiagnosed in a number of serious ways. Patients, male as well as female, may be mistreated in any of the following ways:
- Undergo a breast exam in which an irregularity in breast tissue is not noticed
- Be told that a lump or altered tissue on the breast is no cause for concern
- Have a lump on the breast or under the arm misdiagnosed as an insect bite,
- swollen gland, benign cyst, or lipoma (fatty deposit under the skin)
- Be told not to worry and to be checked again in a year, delaying vital treatment
- Not be referred to a specialist for further examination and testing when appropriate
- Have the results of a mammogram, MRI scan, sonogram, or core needle biopsy misinterpreted by the radiologist
- Have a benign breast lesion misdiagnosed as malignant and suffer painful, harsh or disfiguring treatments for a cancer you do not have
- Have one type of breast cancer mistaken for another
- Not have an initial test confirmed by a second procedure
If you have seen your disease worsen because of your doctor’s misdiagnosis, or you have been subjected to unnecessary radiation, chemotherapy, or even mastectomy, or if, on the other hand, a delay in treatment has significantly shortened your lifespan, you owe it to yourself and your family to engage our accomplished medical malpractice team to fight for your cause.
At Cummings Law we also handle cases of wrongful death due to breast cancer misdiagnosis. Though we know we can not change the cruel reality of losing a family member because of medical negligence, we can offer you future financial security in the face of this tragedy.
Damages Cummings Law Can Win for Breast Cancer Misdiagnosis
Breast cancer misdiagnosis damages your financial stability as well as your physical health. Once we determine that you have a winnable case, we will pull out all the stops to get you both economic and non-economic compensatory damages.
Economic damages cover money spent on medical care and related expenses, including:
- Medical, surgical, and rehabilitative expenses
- Nursing care and psychotherapy (for the trauma)
- Lost wages
- Lost earning capacity
- Cleaning services, childcare, and other expenses to cover tasks you are unable to do
- Medical prostheses, healthcare devices, or medications
Non-economic damages are awarded to compensate you for intangibles, such as:
- Physical pain
- Emotional suffering
- Loss of consortium
- Disfigurement
- Loss of enjoyment of life
One of the reasons it is essential to have a local lawyer is that the statutes for personal injury differ from state to state. Brian Cummings has in-depth knowledge of medical malpractice laws in Hawaii so he will be able to guide you and to clarify your options.
Limitations on Medical Malpractice Claims in Hawaii
In Hawaii, there is a 2-year limit from the time of the incident to the time you can file a medical malpractice suit, though exceptions are made when you could not have reasonably known about the breast cancer misdiagnosis until some time later. Even in the latter case, there is a legal limit of 6 years to file suit.
Hawaiian law also sets a limit of $375,000 on non-economic damages in cases of medical malpractice. This means that, although you may receive unlimited awarded damages for medical costs or lost wages, you will only be permitted to receive $375,000 for pain and suffering.
Contact Our Honolulu, Oahu Breast Cancer Misdiagnosis Attorney
We know how awful it is to suffer life-changing medical negligence and our legal team is here to help. Contact us through our website or by phone and we will lift many of the burdens you and your family are trying to bear. We are thoroughly schooled in the complexities of the law and know which strategies will help you most. Trust us to bring your case to a successful conclusion so that you can have the financial support you need to get through these trying times.
