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Lawyer Blog: Baltimore, MD

Senior Health: Failure to Diagnose Cancer Is Medical Malpractice with Steven Heisler, Esq.

A recent study by Johns Hopkins asserts that over 250,000 people in the United States die from medical errors every year. Other studies put the number to be more than 440,000. Medical errors are now the third-largest cause of death in the United States, according to the CDC. According to, diagnosis errors affect 20% of medical cases in the United States. This episode is about some of the issues faced by individuals affected by the failure to diagnose, delayed diagnosis, or the misdiagnosis of cancer.

  1. Approximately 40,000 cancer patients die annually due to failure to diagnose, misdiagnosis, or delayed diagnosis.
  2. Is the failure to diagnose and misdiagnosis of cancer considered medical negligence or medical malpractice? It depends on the case.
  3. In your case of misdiagnosis or failure to diagnose, it may not be clear if the standard of care has been met by a medical professional. However, you should always make sure you talk to a medical malpractice attorney and have it investigated.
  4. If you have a case for medical malpractice because of a failure to diagnose, misdiagnosis, or delayed diagnosis, that means something really, really bad has happened to you.
  5. If you are ever skeptical about what a doctor is telling you, then always get that second or third opinion again because you don’t want to have a medical malpractice case on your hands.

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