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Reliable And Dedicated Legal Assistance After Misdiagnosis Of Cancer

Cases involving medical negligence such as misdiagnosis of cancer are among the most tragic of cases. They are also difficult lawsuits. If you are searching the internet because you or a loved one has cancer that you believe should have been diagnosed much earlier than it was, then you would do well to read further.

Although your specific facts and circumstances may not be described in this content, the concepts and explanations are probably pretty relevant to you. Our law firm has had decades of experience with medical malpractice lawsuits. Delayed diagnosis of cancer had been the subject matter of cases such as:

  • Unrecognized colon cancer, where the patient had Crohn’s disease
  • Unrecognized and negligently reported prostate cancer, where the PSA reports were wrongly reported
  • Cervical cancer, where the biopsy specimens were reported as normal, but when the lawsuit was filed they were reported as “missing and lost.” The pathologist thought that because the slides were no longer available, it meant there was no proof. Wrong.
  • Breast cancer, with a mistaken biopsy taken of the wrong site
  • Breast cancer, with a poorly reported mammogram

There are a few basic issues to be alert about and to consider from the very beginning. These arguments, positions and strategies include:

– “My cancer was discovered later than it should have been.”


  1. If the hospital, doctor or the clinic was late to discover the cancer, how long was the delay?
  2. What kind of cancer do you have? What stage is the cancer, and how fast-spreading is this kind of cancer?
  3. Even if your cancer was found earlier, can you prove that the time lost would make a difference in your cure or survival?

– “The hospital found my cancer at stage 3. If it was 2 months earlier, it would have been stage 1, and I would not need radiation or chemotherapy.”


  1. If your cancer was stage one instead of stage 3, do you know for sure that your physician would not have requested that you consider chemo and radiation?
  2. There is no real, true way to work backward in time with most cancers, unless we know what size the tumor or tumors were when they were missed because we have an X-ray, MRI, CAT, CT scan or other proof from that earlier time period.

– “I think I have a terminal case of cancer now, but if my symptoms were properly investigated then I would not be facing my possible death.”


  1. Certain cancers cannot be treated and stopped in their tracks or put into remission.
  2. What was the cell type? What organ was it found in, and what stage was the cancer when it was found?

As you can see, there are a lot of strategies and defenses that an experienced medical malpractice attorney needs to anticipate.

Time Is Of The Essence With A Cancer Diagnosis

In delayed or misdiagnosis of cancer lawsuits for medical malpractice, it is not unusual for the attorney to obtain the opinions of several different experts. For example, we would find an expert oncologist to describe the extent and aggressiveness of the cancer and a different health care professional to describe what symptoms, tests or medical history should have raised red flags and cause for concern. Misdiagnosis of cancer claims are among the most complex of cases, and hiring an experienced legal team like the attorneys at Goldberg and Hirsh P.A. is critical to success.

Let Us Help You. Call Now For Personalized Legal Advice.

Your initial consultation is free of cost and may be given online, in our office, at your home or at a hospital. Try to have your medical records with you. Call Goldberg and Hirsh P.A. at 305-909-6522 or fill out our online contact form.