What Legal Steps to Take After a Cancer Misdiagnosis in Pennsylvania

Allexa Callaway • March 20, 2025
Female doctor showing discouragement while sitting at desk looking at results on her computer.

A cancer misdiagnosis can have profound consequences for patients and their families. Delayed or incorrect diagnoses can lead to worsened medical conditions, unnecessary treatments, and emotional distress. Knowing what to do next can make all the difference.


Recognizing the Consequences of Misdiagnosis

Cancer misdiagnosis often results in two critical outcomes:


Delayed Treatment: Effective therapies may be postponed, leading to disease progression.


Unnecessary Procedures: Patients might undergo treatments they do not need, adding physical and financial burdens.


Step-by-Step Guide to Addressing a Cancer Misdiagnosis


Seek a Confirmatory Diagnosis
The first priority is obtaining a second opinion. Consulting a specialist or a different medical team helps confirm or correct the initial diagnosis. A validated diagnosis establishes the medical foundation for further action.


Gather Essential Documentation
Compile:


Medical records detailing consultations, test results, and prescribed treatments.


Communication logs with healthcare providers.


Records of expenses related to medical care and lost work.


Consult a Legal Expert
An attorney specializing in medical malpractice can:


Evaluate whether negligence occurred.


Identify responsible parties, such as doctors, labs, or healthcare facilities.


Advise on Pennsylvania’s statute of limitations to ensure timely filing.


Establishing Accountability in Misdiagnosis Cases

Proving negligence involves demonstrating:


A Breach of Duty: The healthcare provider failed to meet accepted medical standards.


Causation: The breach directly caused harm, whether through delayed treatment or unnecessary care.


Damages: The misdiagnosis led to tangible losses, such as medical expenses, pain and suffering, or lost wages.


Types of Compensation You May Be Entitled To


Economic Damages: Covers medical costs, corrective treatment, and lost earnings.


Non-Economic Damages: Accounts for pain, suffering, and emotional distress.


Punitive Damages: May be awarded in cases involving gross negligence or willful misconduct.


Why Time Is of the Essence

Pennsylvania’s statute of limitations for medical malpractice cases generally allows two years from when the injury is discovered or should have been discovered. Delaying action could jeopardize your ability to seek compensation.


The aftermath of a cancer misdiagnosis is overwhelming, but legal recourse can provide financial relief and accountability.
Frischman & Rizza’s experienced attorneys in Pittsburgh are here to help. With a deep understanding of medical malpractice law, they offer compassionate and skilled representation to secure the compensation you need. Contact them today for a consultation and move forward with confidence.


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