Cancer is the second leading cause of death in the United States. Almost everyone has a story of how cancer has touched their lives. Fortunately, medical advances have significantly decreased the rate at which people die of cancer. Cancer can now be detected at an earlier stage and more and more people can get the treatment they need before the disease takes their lives. However, to get the life-saving cancer treatment a patient needs, he or she must first be diagnosed with the disease by a physician. Failing to promptly diagnose cancer can constitute a form of medical malpractice.

Delayed Diagnosis or Misdiagnosis of Cancer

Receiving a diagnosis is the first step to stopping the spread of cancer. When a doctor or specialist fails to see the warning signs of cancer and order the appropriate cancer screening tests, a patient may suffer irreparable harm. Sadly, some patients die because a medical professional fails to diagnose cancer.

There are many different ways in which medical negligence can lead to a delayed, misdiagnosis, or missed diagnosis of cancer, including:

There are a variety of ways that doctors or other medical professionals can make mistakes that affect the health and well-being of their patients. Misdiagnosis is one of the most prevalent forms of medical malpractice, and it can cause patients to suffer serious harm. If a person’s condition is not properly diagnosed, they may not receive the necessary treatment in time to prevent serious risks to their health, or they may receive the wrong type of treatment, which can lead to additional health complications. 

Conditions That Can Lead to Misdiagnosis

Misdiagnosis or missed diagnosis can occur for a variety of reasons. Doctors may fail to properly consider a patient’s medical history, they may not spend enough time examining a patient, or they may not give enough weight to the symptoms reported by the patient. In other cases, diagnostic errors, including mistakes at medical labs, failure to order the proper tests, or failure to properly review test results, can lead to an incorrect diagnosis.

Some of the illnesses and ailments that are most commonly misdiagnosed include:

A common cause for personal injury cases and medical negligence lawsuits, Legionnaires’ disease, originally discovered back in 1976, still continues to cause health problems nationwide due to building maintenance negligence and misdiagnosis within the healthcare community. The Centers for Disease Control and Prevention (CDC) reports that 1 out of 10 people who contract Legionnaires' dies from the disease, and health departments recorded approximately 10,000 cases in the United States in the year 2018 alone. While these numbers represent official cases, experts say these statistics are not entirely accurate, as many new cases remain undiagnosed. If you fear you or your loved one has recently been exposed to the bacteria responsible for Legionnaires’ disease, it is important to understand how the disease is transmitted and how your health may be affected.

How the Disease Spreads

Manifesting as a pneumonia lung infection, Legionnaires’ disease is caused by Legionella bacteria, which grows naturally in fresh water supplies, such as lakes and streams. When this bacteria makes its way into a building’s man-made water management system and multiplies, it is at this stage that it becomes hazardous for humans to breathe in. If the plumbing system of a building or structure is not properly maintained, the bacteria can be inhaled via mist from showers, cooling fans, hot tubs, or even decorative fountains. Here are some basic transmission facts you should be aware of:

First discovered following a 1976 outbreak at an American Legion convention in Philadelphia, Legionnaires’ disease left affected attendees with serious lung infections -- a type of pneumonia -- caused by bacteria known as Legionella. Research has shown that this bacteria grows in poorly managed water systems, often due to negligence on behalf of a building’s owner, such as those who own a nursing home facility that houses a complex water system. When mist from this infected water is inhaled, through showers or hot tubs, for example, residents can contract Legionnaires’ disease, posing grave risks to their health. The same bacteria that causes this disease was also responsible for cases of Pontiac fever that occurred in Michigan during the 1960s. 

The Prevalence of Legionnaires’ Cases Today

Although the disease earned its name back in the 1970s, cases of Legionnaires’ disease are still very prevalent today. The number of cases has fluctuated over time, but the Centers for Disease Control and Prevention (CDC) reported there were nearly 10,000 cases in the United States in 2018. The CDC has also stated that this number is likely a misrepresentation of the actual number of people affected by the disease, as many cases are undiagnosed. 

If you believe you have suffered in some way due to the negligence of a medical professional, you might want to consider filing a medical malpractice claim. While these cases might be complex, especially depending on which types of accusations are being levied, the actual elements of a medical malpractice claim—the parties, the proof, and the process—are relatively straightforward. Below is a brief summary of each component.

The Parties

The parties involved in a medical practice claim and the terms used to describe these parties are as follows: