Cancer Misdiagnosis Lawyers

Why Do You Need an Experienced Cancer Misdiagnosis Law Firm?

A cancer misdiagnosis lawyer can help you secure the settlement or verdict you deserve. Those funds can then go towards proper care and an improved quality of life.

Perhaps the most important indicator of survival for cancer patients is how quickly the condition is detected, diagnosed, and treated. Many cancer treatments hinge on early detection and swift treatment. However, medical professionals who fail to adequately screen for cancer can rob their patients of critical, life-saving time.

If you or a loved one has suffered due to a doctor’s failure to diagnose your cancer in a timely manner, an experienced cancer misdiagnosis law firm can help you file a claim. They can also help secure damages that can help pay for better care and a brighter future.

Listen to Dan Hodes Discuss Cancer Misdiagnosis

Cases 4 Causes Podcast | S2: Episode 2

As one of Southern California’s and the nation’s leading medical malpractice law firms, the attorneys at Hodes Milman have over 75 years of combined experience in cancer misdiagnosis cases. Read on to learn more about how we can help you and your loved ones, and reach out to us online or by calling (949) 640-8222 as soon as possible.

A man looks seriously at test results on a tablet as his doctor explains the diagnosis.

What Do Damages in a Misdiagnosed Cancer Lawsuit Cover?

There is no one number or range that adequately describes an average settlement or verdict for cancer misdiagnosis. This is because the costs of a person’s losses are unique in every case.

A lawyer can help you receive a damage award payout that covers:

  • Medical bills for treatments, surgeries, medications, and follow-up care
  • Lost wages and future earnings for you and your spouse if they’ve taken off work to care for you
  • Pain and suffering damages like experiencing depression, anger, PTSD, as well as the impact these emotions may have on marital or family cohesion
  • Punitive damages, which are funds meant to punish the other party in instances where the doctor or medical establishment was particularly incompetent or willfully negligent — these funds are then awarded to you
  • Wrongful death damages for surviving family members, which includes economic figures like their lost income, as well as non-economic losses like the loss of their unique companionship and guidance

For cases involving medical malpractice of any kind, and cancer misdiagnosis in particular, it is essential to choose a legal team with relevant experience. The attorneys at Hodes Milman have practical knowledge of how to gather receipts for all the costs you’ve incurred (such as transportation costs to and from specialists). We also know how to account for unseen damages like grief, and translate those losses into language the court can understand and award.

The top five most commonly misdiagnosed cancers.

Can You Sue for Being Wrongly Diagnosed for Cancer?

If you have been wrongly diagnosed with cancer, you may be able to sue for damages. This may apply to cancer misdiagnosis as well as other commonly misdiagnosed ailments, such as a stroke.

You may have grounds for a cancer misdiagnosis lawsuit if you:

  • Received an inaccurate cancer diagnosis from a doctor or specialist
  • Were not diagnosed despite regular medical check-ups
  • Described symptoms to your doctor that were seemingly ignored, discounted or misinterpreted
  • Were given a late diagnosis, delaying your care or changing your treatment options
  • Had scans or other important tests misread or misinterpreted by a doctor

Misdiagnosing certain types of cancer (such as breast cancer), or suggesting inappropriate or insufficient treatments for existing cancers, can lead to severe illness or even death. Failing to “close the loop,” meaning failing to inform you in a timely manner of a clear cancer diagnosis, may also be grounds for a lawsuit.

Another type of cancer misdiagnosis occurs when healthy patients or patients with a non-cancerous condition are told by a medical professional that they have cancer. Some tests may also return false positives, indicating cancer when there is none present. This can lead to lost time, lost income, unnecessary expenses, and even unnecessary and irreversible surgeries. Those given a false cancer diagnosis may also experience traumatic emotional hardship that extends to their family, friends, and colleagues. 

Whether your doctor failed to recognize your cancer, failed to adequately treat it, or diagnosed you as having cancer when you did not, having your case reviewed by our legal team can help. Our attorneys can provide reliable answers to your questions, and help you evaluate which legal options are best for you and your family.
Contact our offices directly at (949) 640-8222 or by filling out our online contact form right away — the sooner you have legal representation working on your behalf, the sooner you can return to living your life in peace.

How Long After Cancer Misdiagnosis Can You Sue?

Personal injury claims like medical malpractice and misdiagnosis lawsuits are subject to deadlines in each state, known as statutes of limitations. Hodes Milman is headquartered in Orange County, California, where a case must be filed within 1 year after the discovery of the misdiagnosis.

As soon as you are aware of your injury, it’s important to act fast so you do not miss your window for justice and compensation. We at Hodes Milman understand that your first priority is seeking proper medical care. Empower our attorneys to gather documents, pursue an investigation, and handle the legal deadlines on your behalf so you can focus on your health.

How Do You Prove Medical Misdiagnosis?

To prove medical misdiagnosis, your attorney must meet four standards of negligence:

  1. Establish that a duty of care was owed to you from your doctor, nurse, or medical office
  2. Show that the duty of care was breached when they failed to test, diagnose, or inform you properly
  3. Establish that your injuries were a direct result of that breach of duty
  4. Show that those injuries cost you and your family in time, money, and emotional anguish

Evidence in your case may come from your medical records, the inter-office documents of your physician, witness testimony from other healthcare workers, expert testimony from medical specialists or economists, and other research conducted by your legal team. By proving each of these standards, your lawyer builds a strong case for negotiating a robust settlement, or securing a favorable verdict at trial.

Client Testimonial: Hodes Milman was there for me at a very difficult time in my life. I worked directly with Dan Hodes and cannot thank him enough for his tireless work throughout my case. Dan treated me like a human being, not just another client and he showed he cared by how hard he worked on my case. I would refer any of my friends or family to this law firm, because I know anyone is in good hands when being represented by Hodes, Milman, Liebeck. – Dalia P.

Contact Experienced Medical Malpractice Attorneys

Proven experience matters at a negotiating table or in a courtroom. Our case results in cancer misdiagnosis lawsuits include:

$10.9+ million

for the family of a woman whose HMO failed to properly follow up with care for cervical dysplasia, contributing to her death. This record-setting jury verdict came after the HMO defense attorneys offered $0 pre-trial. To date, this is the largest medical malpractice wrongful death verdict in Orange County.

$1.5+ million

for a 46-year-old woman who suffered from incurable breast cancer with a less than one-year life expectancy due to a delay in diagnosis. Had the data on her multiple screenings been appreciated and a proper diagnosis made, the likelihood of a cure would have been upwards of 70%.

$1.1+ million

for a 67-year-old man who received a delayed lung cancer diagnosis.

We have successfully represented many whose lives have been forever changed by the negligence of a medical professional, hospital, or treatment center. We are proud to call our clients family, and to offer resourceful, committed, and accessible legal advocacy. When you work with us, you’ll see the difference. 

Contact our Irvine, CA offices online or by calling (949) 640-8222. You deserve more than just compensation for your losses — you deserve a true advocate.

Cancer Misdiagnosis FAQs

What are the most commonly misdiagnosed ailments?

Cancer is the most commonly misdiagnosed ailment. The top-most misdiagnosed medical conditions include: cancer, heart attack, depression, celiac disease, stroke, Lyme disease, fibromyalgia, and pulmonary embolism.

Any medical condition can be misdiagnosed, causing delays in care, increased cost of care, and psychological stress. The causes of these misdiagnoses are most often due to clinical judgment failures. In more than 85% of cases, the harm could have been prevented with competent care from a diagnosing physician.

What types of cancer are most often misdiagnosed?

Cancer screening and misdiagnosis are far too common and often due to medical negligence. The following are cancers that are often misdiagnosed or missed during screening: lymphoma, breast cancer, sarcomas, melanomas, brain and central nervous system cancer, and lung, prostate, ovarian, or pancreatic cancer. 

The most common type of cancer is breast, prostate, and lung cancer. These are also among the most aggressive forms of cancer, and a timely and accurate diagnosis may be the difference between life and death.

What are the causes of cancer misdiagnosis?

Cancer misdiagnosis can be caused by several factors, including: assuming another possible diagnosis or failing to consider a cancer diagnosis; delay or failure to recognize a critical piece of information in a physical exam; failing to order needed lab tests or radiology testing; or making mistakes in reading test results or not reporting test results back to a doctor.

Any of these missteps can cost the patient valuable time. Consequences of misdiagnosis may include unnecessary surgery, astronomical medical costs, and more severe treatment than would have been necessary had the cancer been recognized sooner. 

How can a cancer misdiagnosis attorney help?

Cancer misdiagnosis lawsuits can be complex and may require the assistance of a qualified attorney. An attorney can help by researching relevant laws, reviewing the facts of your claim, gathering and preparing evidence, creating a strong litigation strategy, and arguing for the maximum compensation for your losses. 

If you think your cancer diagnosis or treatment was mishandled in any way, you may have a right to monetary compensation for your hardship, suffering, and medical expenses. Contact our attorneys at (949) 640-8222 to learn your rights and explore your options.



2024 Best Law Firms - Standard Badge
Million Dollar Advocates Forum Badge
BBB Badge




HMI team

When you work with us, you’ll see the difference. A lot of firms are quick to show you numbers, and it is absolutely true that your lawyer should have experience and a strong track record in the area that you require. However, we’ll take it one step further. We also believe that your attorney should put your needs, cares and desires first. Because you deserve more than just compensation for your losses - you deserve a true advocate.

HMI team