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Failure to Diagnosis Case – $200,000 Settlement

Failure to diagnose medical malpractice cases involve medical professionals, such as doctors in this case, who fail to heed warning signs and symptoms that should have alerted them to the presence of a serious medical condition or illness. In this case, doctors failed to recognize symptoms that should have alerted them to the presence of lung cancer for this man. A lawsuit was filed on his behalf and after negotiation with attorneys and insurance providers for these medical facilities and doctors, a settlement in excess of $200,000 was reached.

Symptoms of Lung Cancer

Many symptoms of lung cancer are also symptoms of other, sometimes less serious, conditions such as bronchitis. Yet there is never any good reason to guess or self-diagnose yourself. To do so may put you in serious danger. The best course of action is always to visit a doctor and present your symptoms for proper medical evaluation. Some of the most common lung cancer symptoms that present themselves in the chest are:

  • Being hoarse or other vocal changes
  • Coughing up some blood
  • Pains in the shoulder, back or chest that are not related to coughing pains
  • Inability to catch a good breath/shortness of breath
  • Noisy breathing (stridor)
  • Coughing up mucus or phlegm, especially if containing blood
  • Experiencing persistent lung problems like pneumonia or bronchitis
  • Changes in the amount or color of sputum (saliva and mucus)

But not all symptoms come from the chest. Especially if the cancer has spread to other portions of the body (such as lymph nodes, liver, brain, bones or adrenal glands), the person might experience symptoms elsewhere, such as:

  • Bleeding
  • Fatigue
  • Cachexia (muscle wasting)
  • General weakness
  • Joint or bone pain
  • Headaches
  • Blood clots
  • Unexplained weight loss or a loss of appetite
  • Swelling of the face or neck
  • Memory Loss
  • Neurological symptoms such as difficulty walking
  • Unexplained bone breaks or fractures

Types of Lung Cancer

This year alone, there are projected to be over 200,000 new cases of and over 150,000 deaths from this disease, which is far and away the leading cause of death for both women and men. When lung cells begin to grow abnormally, such cancer cells can form tumors and if left unchecked, may spread to other parts of the body. There are two main types of lung cancer.

The first type is called “small cell lung cancer”, also sometimes referred to as oat cell cancer and approximately 10 to 15 percent of this disease are of this type. The other type is “non-small cell lung cancer” and about 80 to 85 percent are of this type.

Causes of Lung Cancer

The potential causes of this disease are many, but the leading cause of both types of cancer is the smoking of tobacco (although small-cell has a closer link to tobacco use). Even secondhand smoke is a significant risk factor with studies showing that compared with people who do not live with smokers, those who share a home have a 30 percent greater chance of developing the disease. Those who mine for uranium (and especially those who also smoke) are at greater risk, as are those people who are exposed to radon or asbestos.

All in all, the lifetime risk of developing lung cancer is about 1 in 17 for women and 1 in 15 for men; black men being at about a 20 percent higher risk than white men and white woman at about a 10 percent higher risk than black women.

If you believe that a medical profession has misdiagnosed or failed to diagnose lung cancer in your family, contact Mitchell S. Sexner & Associates LLC at 800-996-4824 for free, confidential and caring legal assistance.

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