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Cleveland Medical Malpractice Attorneys Fight for Victims of Delayed Lung Cancer Diagnosis

Inaction can be life-threatening for this serious condition

Lung cancer is the second most common type of cancer in the nation, with more than 220,000 new cases every year. Lung cancer survival depends heavily on catching it early, so when a diagnosis is delayed for any reason, it puts your life in danger. Survival rates of stage II lung cancer are nearly 50%; for stage III that number drops to 13% and for stage IV it is only 1%. If you or a loved one was diagnosed with lung cancer which worsened due to a lack of testing and treatment, the Ohio medical malpractice attorneys at The Eisen Law Firm are ready to help you secure compensation for medical negligence.

Smokers and lung cancer diagnosis

People who use tobacco products are often made to feel like lung cancer is their fault. While smoking does increase the risk of lung cancer, you still have the right to proper testing and diagnosis to help catch and treat lung cancer early. Indeed, it is even more critical for smokers to monitor their lung health in order to stay ahead of this deadly disease.

If you have concerns about your lung health, but are denied an x-ray, MRI or other tests for a year or more, you may have a claim for a delay in diagnosis. In some cases, even shorter delays may be actionable. Our malpractice attorneys help you analyze your symptoms and the aggressiveness of your cancer. The more aggressive the cancer, the more likely it is that a delay in diagnosis will result in a worsening of your prognosis.

A long history of success representing victims of lung cancer

For over two years, Sherry Morse complained to her family practice physician of a cough. Although she was a heavy smoker, she was advised she had “bronchitis” and was given antibiotics. Her doctor never recommended a chest x-ray to check for lung cancer. It wasn’t until Mrs. Morse was involved in a car accident that she finally received an MRI and a chest x-ray. She was then diagnosed with Stage IV lung cancer and, after a long illness, eventually died.

The Ohio medical malpractice attorneys at The Eisen Law Firm ignored the conventional wisdom that lung cancer cases cannot be won if the patient was a lifetime smoker. In these cases, the defense typically attacks the patient for their habits and expects the jury to punish the patient for smoking. The doctor often “gets a pass” if there is a way to blame the patient.

Rather than turn away Sherry Morse’s family, premier Cleveland malpractice attorney Brian Eisen of The Eisen Law Firm reviewed the case and used the defense’s strategy against them, arguing that Mrs. Morse’s long history of smoking is precisely why extra testing was required when she developed early signs of cancer. The jury agreed with this argument and delivered a $3.15 million dollar verdict against Sherry Morse’s family doctor.

While every case is different, every patient has a right to timely and considered testing, analysis and diagnosis of their symptoms. Whether it was a doctor’s oversight, professional bias, or a lab error, a delay in diagnosis that affects your well-being is negligence and is grounds to seek compensation.

Lung cancer demands swift diagnosis and treatment for any hope of survival, and if your medical practitioner fails you, the results can be devastating. Even if your case looks bleak, the medical malpractice attorneys at The Eisen Law Firm research your case and find any opportunity to reach a successful outcome. We serve malpractice victims in Cleveland, Lorain, Columbus, Toledo, Akron and all of Northeast Ohio. Call us at 216-687-0900 or contact us online to discuss your case and determine your best course of action to recover compensation.


Schedule a free initial consultation with an experienced medical malpractice attorney in Cleveland to discuss the improper treatment of an aneurysm you or a loved one suffered

Our sympathies go out to the loved ones that suffer through the aftermath of suddenly losing a loved one from an aneurysm. It is even harder for families to learn that their loved one did not have to die were it not for the negligence of the physician or hospital they trusted. The Eisen Law Firm personal injury attorneys uncover the truth about whether medical malpractice occurred. We fight to recover compensation for victims and families. Call us today at 216-687-0900 or to schedule a free consultation.