Can Squamous Cell Skin Cancer Be Misdiagnosed

Information on Skin Cancer Misdiagnosis Lawsuits

Pare cancer is the nearly common form of cancer in the U.s.. Thankfully, most skin cancer is relatively harmless. But, in a minority of cases, pare cancer can exist lethal. In too many cases, the deviation betwixt minor and mortiferous is the misdiagnosis of a doctor, usually a patient's primary intendance doctor, who steps over signs and symptoms of skin cancer.

If y'all or a family unit member had skin cancer that y'all believe was misdiagnosed, phone call 800-553-6000, or get a free online consultation for your potential legal claim.

• Maryland cancer misdiagnosis settlements and verdicts
• A look at a lawsuit against a dermatologist in Howard Canton

The Telescopic of Problem

The well-nigh common types of skin cancer are melanoma, and basal and squamous cell. There are also other more rare forms of skin cancer such as Merkel cell carcinoma. Approximately 87,000 Americans are diagnosed with melanoma each year, positioning itself every bit the 6th most mutual form of cancer in the U.s.. An additional 48,000 Americans are diagnosed each twelvemonth with a class which involves but the outermost layer of the skin.

Further, two million people are treated for basal cell or squamous jail cell skin cancer annually. Cancerous melanoma is an aggressive and oftentimes fatal course of skin cancer. It is besides the 2nd near misdiagnosed form of cancer. Melanoma represents only four% of all pare cancers but accounts for 73% of all skin cancer deaths. It is estimated that approximately 9,730 deaths volition occur in 2017 (65% of these will be men). Early detection and treatment provides the best chance for cure.

In 2020, information technology is estimated that approximately 100,350 Americans (sixty,190 men and 40,160) volition develop cutaneous melanoma. Another 8,070 have some other nonepithelial skin cancer. There will exist over 11,000 death in 2020 from peel cancer.

It is important to note that incidence may be college due to nether-reporting. The risk of developing melanoma is 1 case per 57 Americans and increases to 1 case per 33 if non-invasive melanoma in situ is included. Incidence has connected to rise throughout the world especially in Australia and New Zealand. 108,420 65,350 43,070 11,480 viii,030 3,450

Further, prevalence is college in white Caucasians than African Americans and Hispanics. Nevertheless, mortality rates are higher in African Americans and Hispanics. It is also noteworthy that invasive melanoma is more prevalent in women than men in people nether 40 years of historic period, but more than common in men 40 years of age and older.

How Misdiagnosis Occurs

Visual inspection is oftentimes used to distinguish melanoma with other skin pigmentation changes. Experienced visual inspection is often the central to distinguishing a melanoma from other pigmentation changes. An ABCDE system was developed by the American Cancer Society to serve as a guideline for early melanoma warning signs every bit follows:

A = Disproportion (opposite segments are dissimilar)
B = Edge (border of melanoma is usually irregular
C = Color (variation in colour)
D = Diameter (bore greater than 6mm, but it is also possible to diagnose smaller melanomas)
East = Elevation (though easier to diagnose elevated melanomas, outcomes are better when diagnosed flat)

Skin cancer shares symptoms with another diseases which can atomic number 82 to misdiagnosis. For doctors who are lax and do not believe in ruling out all of those less serious diseases, a skin cancer misdiagnosis can accept grave consequences. Skin cancer is the 2nd about misdiagnosed cancer, behind breast cancer. Information technology is imperative that further tests exist performed to confirm the diagnosis of skin cancer or second opinions are sought. For instance, bumps or lumps under the peel may exist misdiagnosed every bit pimples, warts, cysts, or lipoma (apartment tumor), and changes in the skin'south status such as a sore or growth may be misdiagnosed as a pare infection or some other non-cancerous symptom.

Similarly, misdiagnosis of basal prison cell carcinoma occurs. In a recent review of the literature, it was reported that vulvar basal prison cell carcinoma is frequently misdiagnosed equally appearance mimics eczema or psoriasis. The main symptom is itching which often gets dismissed as an irritation and leads to inappropriate treatment. This article highlighted the need to recognize that both melanoma and basal cell carcinomas occur in areas that are not typically exposed to UV radiation (i.e., lower body including genitals and feet), which further complicates measurement of run a risk and diagnosis.

Misdiagnosis may include improper evaluation of symptoms or incorrect interpretation of biopsy histopathology reports or the misdiagnosis of pare cancer as other diseases or inflammatory responses which lead to delays in identification. With early diagnosis being i of the most important factors in a positive outcome, a delay in proper identification can be fatal. Misdiagnosis may as well include a symptom or change in the skin which is diagnosed equally cancer in haste. In such cases, patients undergo surgeries to remove these 'then-called' carcinomas when in fact it was non necessary. Further, metastasis of melanoma to other organs is often misdiagnosed.

For example, information technology is plausible for melanoma to metastasize to the tum, but when masses are identified in the stomach, the diagnosis is usually principal gastric carcinoma. In a recently published case report, both macroscopic and microscopic misdiagnosis were identified. Most melanoma deaths involve metastasis to other organs. Misdiagnosis of metastasis can lead to inappropriate treatment which tin can, in plough, increase the potential for adverse outcomes. These situations of misdiagnosis lead to increased burden on the wellness care system, loss of wages, unnecessary surgeries, and undue mental and emotional anguish.

In a published review article on studies related to malpractice claims, many studies pointed to md training and experience as a cause of misdiagnosis. This review article also reported that the virtually common malpractice claims confronting pathologists were due to a false-negative diagnosis of melanoma. The authors did not discover any cases of misdiagnosis due to laboratory error, follow-up, or patient-related delays. The article also cites a study conducted in Sweden, which estimated the rate of misdiagnosis to exist 15% amid dermatologists.

The lowest incidence of misdiagnosis occurred with dermatologists with greater than x years of experience and exposure to more than 10 melanomas annually. Accuracy in diagnosis undoubtedly increases with feel. Then the study besides constitute that physicians with less than one year of dermatologic feel were able to diagnose 31% of patients compared to 63% for physicians with more x years of feel.

Can You Sue a Doctor for Not Diagnosing Skin Cancer?

Aye. If a doctor fails to diagnose your peel cancer because of negligent care or some type of mistake, you tin can sue them for medical malpractice. In fact, failure to diagnose cancer is one of the near common types of diagnostic error malpractice claims.

How Much are Failure to Diagnose Skin Cancer Cases Worth?

The average value of a medical malpractice case involving a failure to diagnose cancer is betwixt $400,000 and $700,000. Cancer misdiagnosis cases have a somewhat lower value than other types of malpractice cases. This is primarily because well-nigh cancer misdiagnosis cases only involve a delay in diagnosing the cancer. Also, skin cancer is ordinarily less unsafe than other types of cancer.

How Often Is Skin Cancer Misdiagnosed?

Skin cancer is one of the most often misdiagnosed types of cancers. Effectually 25% of skin cancer cases are misdiagnosed. Failure to properly identify signs of skin cancer during concrete exam is the nigh common cause for misdiagnosis of skin cancer.

What are the Most Commonly Misdiagnosed Types of Cancer?

The types of cancer that are nearly often misdiagnosed are breast cancer, colon cancer, skin cancer, lymphoma and lung cancer.

Sample Verdicts and Settlements

• 2019, Florida: $500,000 Verdict. A retiree claimed that his pathologist overlooked his skin cancer. He visited his dermatologist for a routine examination. The md noticed a lesion that he removed and sent for a biopsy. The dermatopathologist, who filled in for the vacationing regular pathologist, ended that it was benign. The lesion recurred well-nigh two years later and the man returned to his dermatologist to have information technology removed and examined. The regular pathologist confirmed malignant melanoma. Near two weeks after the diagnosis, the man underwent surgery to remove the tissue. The doctors constitute more cancers but determined that they did non metastasize. The man was cancer-free for 5 years, merely his oncologist estimated that there was near a lx percent chance of it returning. He likewise opined that he would dice if it returned. The human being's counsel besides claimed that if had he been diagnosed during his initial biopsy, the gamble of remission would accept been at 90 percent. The man suffered from panic attacks and was diagnosed with panic disorder due to his condition. The jury awarded the man $500,000.
• 2018, Connecticut: $1,300,000 Settlement. A prison inmate declared that prison medical staff misdiagnosed his skin cancer. When a verdict summary starts like this and it ends in a $1.three one thousand thousand settlement, yous know it is going to exist a proficient case for the plaintiff'due south lawyer. Prisoner cases are tough. This man sought treatment subsequently noticing night spots throughout his body. The nurse prescribed him hydrocortisone cream. His spots adult into lesions and blisters after six months. The inmate made multiple requests to come across a doc simply was put on a waiting list. Vi months later, the aforementioned nurse diagnosed him with tinea versicolor. She prescribed ketoconazole and triamcinolone. The affected area eventually covered 95 percent of his body. Five months later, he saw the nurse over again who observed multiple dry, cherry-red scaling plaque clusters. She diagnosed him with severe psoriasis and prescribed additional medication. About a twelvemonth later, the inmate petitioned the Connecticut federal courtroom, requesting a biopsy. Prison house medical staff contended that he had psoriasis and no biopsy was needed. The psoriasis had spread throughout his entire body, causing lesions and scarring. Six months subsequently his outset petition, he was granted a biopsy that detected skin cancer. The inmate underwent chemotherapy and radiations treatment shortly after. He also underwent os marrow and stem cell transplants within two years of his diagnosis. He received some other os marrow transplant the post-obit twelvemonth. The state of Connecticut would eventually grant him medical parole.
• 2018, South Carolina: $half dozen,000,000 Settlement. This is a classic skin cancer misdiagnosis lawsuit. A homo initially visited his family medico to have his mole checked out. His medico sent a sample to an oncologist. During his following-upward appointment, a nurse told the decedent that things were well despite non revealing the results. He requested to view the written report just was told that it was unnecessary. He returned for another checkup the following twelvemonth lament that the mole continued to bother him. The man underwent another biopsy that revealed cancerous melanoma. His dr. referred him to a dermatologist. According to the dermatologist, the beginning lab report should have revealed a malignant mole. The manor'south counsel requested that report, which the doctor'south office claimed was missing. Shortly after the diagnosis, further test results revealed that the cancer spread to the lymph nodes, leg, and liver. The human being underwent chemotherapy and radiations. However, his prognosis was not skilful. He filed a medical malpractice claim simply, sadly, died earlier the instance settled.
• 2018, Pennsylvania: $480,500 Verdict. Plaintiff sued accused doctors claiming that they were negligent in failing to timely diagnose a non-healing ulcer on his right toe as pare cancer. As a result of the filibuster plaintiff declared that his toe had to exist amputated and his melanoma spread to his lungs. Defendants denied liability and claimed that plaintiff was at-fault considering they referred him to specialists on several occasions and he never followed upwardly. The jury found defendants 50% at fault and plaintiff 50% at fault and awarded $480,500 in damages.
• 2017, New Jersey: $900,000 Settlement. Plaintiff was a patient of accused ophthalmologist for yearly eye exams and cataract issues. Accused identified a not-cancerous choroidal nevus (freckle on the middle). Plaintiff contended that the standard of care called for yearly inspection to ensure it did not become malignant.Yearly inspection was not regularly done and no analysis was washed even when plaintiff started lament of blurry vision, crusting and tearing in the eye. Eventually the freckle was discovered to be malignant and plaintiff was diagnosed with choroidal melanoma. Plaintiff sued the eye doctor claiming that was negligent and should accept diagnosed the melanoma at least a year earlier. As a outcome of this filibuster in diagnosis, plaintiff claimed that middle-sparing therapies were no longer viable and he lost utilize of the eye. THe claim eventually settled for $900k.
• 2015, New York: $three,706,000 Verdict. A male is being deprived of a chance to cure or amend his melanoma, subsequently a doc at Columbia Academy Higher of Physicians and Surgeons interprets his biopsy equally showing a non-cancerous mole, when in fact it is desmoplastic melanoma. He argues that the first biopsy done did show cancer and that the medico failed to use the appropriate standard of care in declining to diagnose cancer. The jury awards him $3,706,000.
• 2014, Florida: $300,000 Settlement. A 66-year erstwhile male visits his dr. with a business concern near skin changes. His doctor completes a report and notes squamous cell carcinoma, however, ten months subsequently, a biopsy reveals malignant melanoma. He argues that the medico was negligent past causing a delay in his cancer diagnosis, and the case settles at mediation for $300,000.
• 2013, Colorado: $9,329,600 Verdict. An adult female teacher notices a lesion on her left heel in January 2010, which ends upwardly being melanoma that spreads to her lymph nodes in her pelvis and causes her death in July 2012. Her estate sues her primary care doc, for failing to biopsy the lesion, for failing to refer her to a specialist promptly, and for further declining to speak with her after her diagnosis and coordinate her intendance through the standard protocol. The doctor immune the lesion to exist for over ane year prior to having a biopsy ordered. The doctor and his employer, Kaiser Foundation Health Programme of Colorado, argue that the medical care she received was reasonable and that she failed to mitigate her injury. A jury agrees with the victim'southward family and awards $9,329,600.
• 2012, Iowa: $ane,011,700 Verdict. A female suffers advancement of malignant melanoma due to her doctor failing to recommend a complete re-excision of a mole on her correct arm that has regrown. The medico does non identify the mole as malignant, does not advise the patient that it should be removed, and does non utilise proper care, failing to timely care for the cancerous melanoma. She besides claims that the doctor is wrongfully concealing information that previous biopsy's from her arm do contain malignant melanoma. The jury awards her $1,011,700.
• June 2013, Colorado: $ 9,334,200 Verdict: A 66-year-old substitute teacher visited Kaiser Dermatology clinic with concerns of a facial lesion. The dr. only checks the upper half of her body and found cypher wrong. Two years subsequently, she visited Kaiser Permanente's later on-hours clinic with concerns of a sore on her left heel that would not heal. They diagnosed her with cellulitis and prescribed her the antibody Keflex. X days afterwards, she visited her primary care physician with the aforementioned concerns. The doctor gave her the same diagnosis and a prescription for Keflex. She returned the following month with the same complaints, and he once over again gave her the same diagnosis and prescription. The woman spent the next v months carefully bandaging her heel and using antibiotic ointments to go on it from becoming infected. By the end of the 5th calendar month, the sore had grown to double its size and was incredibly painful. Her physician referred her to the Kaiser Wound care department, simply the woman all the same found herself visiting her md weekly for six weeks before he referred her to the Kaiser Dermatology part. The referral was non expedited, and she was unable to get an date for two months. Before visiting the dermatology section, she returned to her doctor and the wound care department claiming the wound was bleeding. The doctor told her not to worry and did non document the complaint. When she was able to visit the dermatologist, the doctor's assistant performed a shaved biopsy. It tested positive for melanoma. Further testing revealed that the melanoma was Stage 3 metastatic. She had to undergo a year and a half of debilitating and expensive treatments but unfortunately passed away from the melanoma. Her married man sued Kaiser Foundation Health Plan of Colorado and Colorado Permanente Medical Group for failing to check the lower half of the decedent's body for peel cancer. He likewise sued her primary intendance physician for medical malpractice, claiming that he should have referred his wife for testing to determine the reasoning backside why a wound would not heal after iii to 6 weeks. An oncology good for the plaintiff testified that the melanoma was nowadays during the initial body browse and would accept been easily treatable had it been detected. Defendants denied all liability. An oncology adept for the defense force testified that the decedent's melanoma was rare and ambitious and was likely incurable at the time of her visit to the after-hours clinic. The affair carried on to the Denver County District Court where the jury plant on behalf of the Plaintiff. They awarded the woman's estate for $9,334,200.
• February 2012, New York: $ xv,000,000 Verdict: A 42-year-former homemaker visited a radiologist after she detected a mass in one of her breasts. A mammography was performed, and the radiologist determined that the size of the mass was not outside normal parameters and diagnosed the growth as a benign cyst. A follow-upwards examination was scheduled for the following year. 6 months later, she was diagnosed with breast cancer afterwards a physician discovered a tumor the size of a gilded ball in the same chest. She had to undergo extensive and painful treatment, but unfortunately, the cancer spread to other areas of her body and her condition was considered terminal. The adult female sued the radiologist for declining to diagnose her cancer, challenge the md's failure constituted medical malpractice. Plaintiff claimed that the radiologist did not fully investigate the nature of the mass and that a biopsy and sonogram should take been performed, which would take resulted in a diagnosis and prompt treatment. Accused denied liability and claimed that he reasonably assumed the mass was a cyst, and the mammography's results did not testify a need for a biopsy or sonogram. After a twelve day trial, a jury establish that the Defendant departed from the standard of care and awarded the Plaintiff $xv,000,000.
• January 2012, Due south Carolina: $1,000,000 Settlement: A 28-year-old hairstylist visited her master care physician with concerns about a mole on her left calf. The doc performed a punch biopsy and submitted information technology a pathologist. The pathologist determined that the mole was singular and recommended to the physician that the mole should be re-excised. The woman was not informed of the recommendation. Four days later she returned to her doc and had the suture from the biopsy removed and bandaged. She was given no additional information nor was she referred to a specialist. Throughout the adjacent year she visited the dr. for unrelated reasons, but at no point did the physician re-examine the mole until she expressed concerns near changes that she had noticed. A second punch biopsy was performed, revealing the mole had progressed to Phase IIIB malignant melanoma. She was so referred to a dermatologist and oncologist who subsequently re-excised the mole but too needed to remove a portion of the adult female's dogie. The woman sued her primary care medico for medical malpractice, claiming that he failed to inform her of the pathologist'south initial recommendation to take the mole re-excised and led to an untimely diagnosis and treatment. Plaintiff claimed that although her last two scans had been cancer-free, her oncologist believed that at that place was a 50% gamble of cancer recurring and metastasizing within the next five years. The defendant denied liability but agreed to settle for $ 1 million.
• March 2012, Massachusetts: $ 650,000 Settlement: A 63-year-old woman visited a pathologist with concerns regarding a lesion on her big toe. The pathologist conducted a biopsy and diagnosed the lesion as blue nevus. The woman's doctor noted that the lesion looked suspicious as possible melanoma and consulted with the pathologist. The pathologist informed the doctor that blue nevi tend to look like melanoma, but are generally benign and practise not need to exist excised. The woman returned a year later complaining of pains in the same toe. A podiatrist performed a second biopsy. She was ultimately diagnosed with acral lentiginous melanoma and unfortunately had to have her toe amputated. Fortunately, since the amputation, the melanoma has not returned. The woman hired a medical malpractice lawyer and sued the pathologist for medical malpractice, claiming that the Accused should accept identified the lesion as being malignant during the first biopsy. The health intendance provider denied liability, arguing that he acted well inside the standard of intendance. The parties agreed to settle earlier trial for $650,000.
• March 2008, Maryland: $5,805,000 Verdict: A 47-year-sometime lawyer visited his dermatologist for a routine checkup. During his visit, the dermatologist noticed a mole on his back that measured around vi mm. He was recommended to visit his chief care physician to accept the mole removed. At some point there was a miscommunication betwixt physicians and both were under the impression that the other had removed the mole. About five years subsequently his visit with the dermatologist, the man began to feel painful boils on his dorsum. He visited a 3rd physician who noted 2 cysts and an atypical mole that he recommended be removed. He was non informed of the condition of the mole 5 years dorsum and ended information technology was congenial and not-malignant. At that time, the mole had grown to 1.3 cm; more than doubling its size. Two years later, after the human being'due south wife noticed that the mole had changed color, he finally had information technology removed. Unfortunately, shortly after that, he was diagnosed with skin cancer that had spread to the lymph node, and he died the post-obit yr. His estate sued all three physicians for medical malpractice. Plaintiff alleged that the third dr. was negligent in not recommending removal of the large mole. An practiced for the Plaintiff opined that had the mole been removed during the decedent's beginning visits, he would have had a 95% chance of survival. All iii defendants denied negligence. A Montgomery County jury found for the plaintiff and awarded a $five,805,000 verdict.

Misdiagnosis Cases in Maryland Malpractice Claim Consultation

If you alive in the Baltimore-Washington area and believe y'all or a loved one take been a victim of medical negligence, phone call 800-553-8082 or become a free online medical malpractice consultation.

• Misdiagnosis claims: an overview
• Breast Cancer Misdiagnosis (discussion of breast cancer lawsuits)
• Medical Errors by Radiologists
• The Skin Cancer Foundation
• Lockshin 5. Semsker: Maryland skin cancer lawsuit that went to Maryland Courtroom of Appeals - $v.8 million verdict (subsequently reduced)
  

Source: https://www.millerandzois.com/maryland-skin-cancer-misdiagnosis.html

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