Average Case Value of a Cancer Misdiagnosis Claim

The misdiagnosis of breast-cancer can be devastating to a patient and adversely damage the effectiveness of administering proper treatment. If a patient suffers from the damages of a breast cancer misdiagnosis, it is within her right to pursue legal action against the nurse, doctor, surgeon, or physician responsible for the damages that patient has endured. At the top-rated Normandie Law Firm, our qualified medical malpractice attorneys can walk you through the process of pursuing a medical malpractice lawsuit against the party responsible. Contact our top law offices today to receive a free consultation  with an experienced attorney if you have been on the receiving end of a misdiagnosis, wrongful diagnosis, or missed-diagnosis by a medical professional.

The Nature & Treatment of Breast Cancer
Cancer is a debilitating disease that disrupts the natural process of cell division and develops harmful cancerous tumors. A normal healthy cell reproductive system involves the creation of new cells to go and replace other damaged or dead cells throughout the body. Cancerous cells, however, divide at an abnormal rate and do not go on to replace dead or damaged cells. Instead, these cancerous cells serve no real bodily function and form growths called tumors in particular areas of the body. Two types of tumors can develop in the body: benign tumors and malignant tumors. Benign tumors, when matched up next to their counterparts, are relatively easy to get treated. Once a benign tumor is removed it does not typically grow back. However, a benign tumor forming in the brain can be life-threatening. Malignant tumors are far more insidious. Unlike benign tumors, malignant tumors can grow and spread to other regions of the body. If left untreated, the cancerous cells from a malignant tumor can work into the bloodstream and spread far from the original malignant tumor site.

Some of the most common cancers include:

  • Pancreatic Cancer
  • Melanoma (skin cancer)
  • Lung Cancer
  • Colon Cancer
  • Ovarian Cancer
  • Rectal Cancer
  • Prostate Cancer
  • Colorectal Cancer
  • Lymphoma

All of these cancers can have various symptoms, and not all are easy to detect. A failure to detect an illness of this magnitude can have dire consequences. Cancer resulting in wrongful death may allow the victim’s surviving family to file a lawsuit against doctor or against oncologist responsible for the failure to diagnose. Our attorneys with experience in medical malpractice cases can help you pursue legal action.

Breast Cancer Information

Breast Cancer is the uncontrolled growth of cancerous cells in the breasts. It is estimated that over 40,000 people in the United States die from breast cancer each year. Typically treatment of breast cancer involves the removal of cancerous tissue from the affected area. Depending on the size and scale of cancer larger portions of tissue may need to be removed. There are some surgical procedures involved in the treatment of breast cancer; some of them more invasive than others, and they are as follows:

  • Simple/Total Mastectomy: In this procedure, the entire breast is removed, but the lymph nodes and muscle tissues are left untouched
  • Double Mastectomy: This procedure involves the removal of both breasts and is only done if a physician believes there is a high risk of cancer spreading to other regions of the body.
  • Skin Sparing Mastectomy: This procedure is performed when the patient intends to have breast reconstructive surgery afterward. It involves the removal of the areola, nipple and breast tissue; however, the skin on top is left untouched.
  • Nipple-Sparing Mastectomy: In this procedure, the breast tissue is removed, but the nipple and skin on top are left intact. If cancerous cells are also founder under the nipple and areola, the nipple is removed.
  • Modified Radical Mastectomy: This form of mastectomy procedure involves the removal of the entire breast excluding the lymph nodes under the arm. This is a variant of a total mastectomy procedure.
  • Radical Mastectomy: This is another variant of a total mastectomy surgery wherein the entire breast tissue is removed as well as the lymph nodes and pectoral muscles.

All of these procedures vary depending on the severity of a cancer diagnosis. If a patient’s breast cancer is diagnosed improperly, there is a high risk for there to be a mistake made in treating said disease. A misdiagnosis or delayed diagnosis can also result in a worsening condition of said cancer. Like most illnesses, cancer treatment is most effective when the disease is caught early on. A delayed diagnosis of cancer could mean the difference between a regular minimal administration of chemotherapy and a radical mastectomy procedure. If you or a loved one has had to endure damages as the result of the negligence of a healthcare professional misdiagnosing breast cancer you may be eligible to pursue a medical malpractice lawsuit and sue the party responsible for the resulting damages.

The Value Of Your Case
At Normandie Law Firm, our clients who pursue lawsuits for breast cancer misdiagnosis ask a broad range of questions when in the process of laying the foundation for their case. This is to be expected, yet there are a series of questions that are more frequently asked than others. Some of them include:

  • “What is the value of a breast cancer misdiagnosis claim in California?”
  • “How much is a breast reduction malpractice lawsuit worth in California?”
  • “What is the average settlement value of a breast surgery medical error case?”
  • “How much is the value of a breast removal surgery malpractice lawsuit?”
  • “What is the amount of a wrongful breast operation settlement in California?”
  • “How much is a botched mastectomy claim worth?”
  • “How much compensation do you get for a complication as a result of breast removal operation?”
  • “What is the average payout for a medical error in a breast removal surgery?”

The answer to all of these questions depends on a variety of factors that differ from every individual case. For instance, determining the value of one breast removal surgery malpractice lawsuit would rely on things like the extent of your damages and how much the doctor’s negligence played into the damages that you have received.

Damages for cases are usually broken up into two separate categories: damages that are capable of exact calculation (usually called special damages) and damages that are not capable of exact calculation (like pain and suffering). Damages that are calculable are things like lost earnings, lost earning capacity, medical bills, and other financial losses. Damages that are not capable of being calculated are things like pain and suffering. It is usually up to the jury to determine the amount of compensation a patient can receive for pain and suffering. Pain and suffering can come in two forms, physical and emotional (mental). Physical pain and suffering can include things like scarring, disfigurement, chronic pains, and a permanency of the injuries. Mental pain and suffering usually involve things like mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and PTSD. An attorney with experience handling medical malpractice claims can bring you the maximum settlement available under the law.

It should be noted that, due to the MIRCA, victims of medical malpractice cannot earn more than $250,000 for pain and suffering or punitive damages (which are awarded in instances of gross negligence). Non-economic damages usually yield the highest amounts of compensation in injury cases, and this cap prevents that trend from continuing. Economic damages, on the other hand, do not have a cap; there is no limit to the amount of medical bills that can be covered, for instance, as a result of medical malpractice. This means that a misdiagnosis of cancer, for example, can lead to covered medical treatments for the foreseeable future.

The extent of these damages affects the value of any one case. For this reason, determining a settlement or case average all depend on the elements that make up your case. It is also good to note that every case is different, and while one case may have a clear description of damages and solid proof of medical negligence, others may not, and that can adversely affect the value of any one case. If you contact our law offices, we can walk you through the process of determining the value of your claim and the best way to go about earning compensation for your damages. An accomplished attorney with expertise in cancer misdiagnosis injury lawsuits can help give you an estimate of your cash value.

How Normandie Law Firm Can Help
Enduring the damages of a botched breast cancer diagnosis or breast cancer surgery can be an arduous task. You or your loved ones should not have to suffer these side effects without proper compensation. On top of the medical expenses that can arise with the treatment itself, having to pay for a reparative surgery or additional medical procedures should not come out of pocket. If you contact an expert attorney who has experience in cancer misdiagnosis claims at Normandie Law Firm, we can help you pursue legal action and earn proper monetary compensation. Our team of well-versed legal consultants and experienced lawyers is passionate about your cause and are willing to fight tooth and nail to make sure we win your case.

FREE CONSULTATION AVAILABLE: As a show of commitment to you, all of our clients receive the benefits of our zero fee guarantee policy. Under this policy, you don’t have to pay for our services until we win your case. Feel in need of a second opinion? Not to worry, under this policy second opinion case reviews are 100% free of charge as well.

Contact Normandie Law Firm today to speak with a skilled lawyer experienced in breast cancer misdiagnosis cases. We can help you file a claim or medical malpractice lawsuit against Kaiser or another entity.


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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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