Robert W. Kerpsack Co., L.P.A. represented a woman in her early fifties who presented to a local emergency room complaining of left-sided back pain. A special X-ray of the left kidney was ordered, which was reported to show no abnormalities. When the woman’s pain continued, her family doctor ordered a repeat kidney X-ray, which was reported again as being normal.

One year later, the woman complained to her family doctor of symptoms of a chest cold. A chest X-ray revealed cancer in both of the woman’s lungs. The cancer had spread to the lungs from the left kidney.

Acting on Behalf of Patients Who Suffered Misdiagnosis

At the suggestion of a family friend (a former client of ours), the woman and her husband hired Robert W. Kerpsack Co., L.P.A. We consulted radiologists, who told us that the special kidney X-rays taken the previous year showed the presence of treatable cancer. Left undiagnosed, however, the cancer spread to other organs, leaving the woman with little chance of survival. We immediately filed a medical malpractice lawsuit.

Within a few months, the woman was dead, and the lawsuit was amended to add wrongful death claims on behalf of the surviving spouse and children. The insurance company for the woman’s doctors bankrolled a vigorous defense, and the case proceeded to trial. During the trial, a confidential settlement was reached.

Pursuing Your Late Diagnosis Claim

As we all know, cancer is a devastating disease. However, many types of cancer can very effectively treated if caught in their early stages. If you or a loved one weren’t able to receive cancer treatment during those early stages because your healthcare provider missed the diagnosis, you deserve to be compensated for your losses.

Depending on the individual case, we may be able to file a lawsuit for medical malpractice, including damages for pain and suffering and disability, and, in the case of a patient who died as a result of the delayed diagnosis, wrongful death.

Were you or your loved one given a delayed cancer diagnosis? If cancer is at Stage III or Stage IV when diagnosed, the chances of effective treatment are greatly reduced and there can be much unnecessary pain. If you would like to know more about your legal options, please contact Robert W. Kerpsack Co., L.P.A. for a complimentary consultation and case evaluation by completing our online form or calling (614) 766-2000. We serve Columbus, Ohio and hope to be able to serve you.