We have helped many people successfully bring lawsuits for a failure to diagnose cancer. It’s probably the most common case we’ve been a part of. If you’d like a free consultation, please call us at 312-346-5320.

Cancer is awful. That’s not some profound statement of course. It has touched everyone I know in some way. Most people know someone who has died from it and/or who have had it and recovered from it.

Getting the all clear from your oncologist has to be an amazing feeling. I’m fortunate that I can’t personally relate to that, but have been elated when multiple friends have gone through this and gotten a clean bill of health. Getting checked every 6-12 months is no big deal.

For some people, cancer sadly returns. In a lot of those cases we get calls from them or their loved ones looking to bring a lawsuit. Depending on the type of cancer you have that can be a challenge unless we can show one specific thing.

Most cancers, such as breast cancer (which commonly comes back) are treated with an algorithm. Based on the tumor size and location a certain regimen of chemo will be prescribed. They can never know for sure that a microscopic amount of cancer still remains, so in some patients the cancer comes back in the same spot. When it does, it’s not usually a malpractice case even if there was a delay in discovering it.

When I say same spot, I mean same primary tumor. For some unlucky people, the cancer reappears in the same body part, but a different primary tumor. In those situations, if there was a more than six month delay in discovering the problem, you may in fact have a lawsuit.

So to win it’s really important to compare the old and new radio-logical findings to see if we are dealing with a new problem or recurrence of the old one.

This seems like more medical advice than legal advice, but it’s done in consultation with specialists who have handled these cases for years. These are hard talks to have with clients because it’s usually people with cancer that has spread and some of them have received bad medical care, but can’t be helped legally.

Every case is different of course, so please do not hesitate to reach out if you’d like a free case review.