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Expert Advice For Personal Injury Claims: Filing A Medical Malpractice Claim For Failure To Diagnose Lung Cancer

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According to the Centers for Disease Control and Prevention (CDC), lung cancer is the number one leading cause of cancer death, and it is crucial that medical experts are able to diagnose the condition as quickly as possible in order to prevent the cancer from metastasizing and spreading. Unfortunately, this type of cancer is also the hardest to diagnose. A failure to diagnose can lead to a poor prognosis, and those affected by a failure to diagnose may be able to file a medical malpractice claim against their acting physician.

The Medical Standard of Care vs. The Type of Diagnostic Tests That Were Run

An expert medical malpractice attorney will first need to review your medical files in order to determine whether your acting physician was able to uphold the medical standard of care. To put it simply, the attorney will need to determine whether the physician was able to uphold the standard that would have been expected from any reasonably competent doctor. For a medical malpractice claim involving a failure to diagnose lung cancer, the attorney will pay particular attention to the type of diagnostic tests that were run and whether the acting physician may a proper evaluation.

This generally involves medical services such as:

  • reports indicating that the physician paid particular attention to an enlarged lymph nodes, liver and abdomen that was observed and made necessary arrangements for running diagnostic tests that would determine whether the patient has lung cancer.
  • chest x-rays that are specifically run to look for tumors and any abnormal growths.
  • sputum tests, which are tests that look at the phlegm, to detect the presence of lung cancer cells.
  • a spirometry, which tests the patient's pulmonary function to determine whether there are any obstructions present in the patient's airway.
  • a biopsy for a further examination of the tissue cells.
  • the type of treatments that the physician had recommended. It is crucial that the treatments were appropriate and capable of controlling the cancer. 

It is crucial that the physician not only paid sufficient attention to any causes for concerns that may have been present, but also did their best in attempting to diagnose the cancer before it metastasized and spread. Keep in mind that it is possible that the physician did run all of the appropriate tests and did examine the patient thoroughly, but was unable to find evidence of the presence of cancer tissues. 

Requesting Compensation to Handle the Cost of Additional Medical Services and Care Required

Once the cancer has worsened and progressed, the prognosis becomes poor and the cost for the additional medical services and care that may be required will grow significantly, especially consider the rising medical costs in America. 

An expert medical malpractice attorney will be able to calculate the additional cost of the medical services and care that will be required. This includes additional medications and medical treatments that may be prescribed to control the cancer or the additional medical services that patients will require from medical professionals. It also includes compensation for any emotional trauma that the patients may suffer.

There are a lot of additional medical services and care that patients may require due to a failure to diagnose. The attorney will need to compare the prognosis and expected cost for the patient if the lung cancer was diagnosed early on compared to the current situation that the patients face.


A failure to diagnose lung cancer can quickly result in fatal consequences. If you believe that your acting physician delayed the diagnosis or treatment for the lung cancer, speak with an expert medical malpractice attorney or look at a site like as soon as you can in order to determine the most appropriate legal approach that you can take in order to receive the compensation that you rightfully deserve.