Q: My PCP misdiagnosed a breast lump which turned out to be cancer.
The delay in receiving the accurate diagnosis severely affected my chances of survival. Does that count as medical malpractice?
A: The short answer is it depends. Of significant importance are: The time line of when the first symptoms were misdiagnosed; the particular kind of cancer you have unfortunately contracted; what your staging is now; and what the prognosis and treatment plan is. Those all would all factor in on whether you would have the makings of a sustainable medical malpractice case. Given what you said about the effects of the delay, I assume you have been told as much by an oncologist or other treating physician that the delay in correctly diagnosing the cancer when it was symptomatic has reduced the chance of recovery. In Illinois that is usually referred to as the "lost chance doctrine." You should consult with a lawyer who practices medical negligence. You will be advised to retrieve all of your medical records. Best to you.
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