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Atlanta Cancer Misdiagnosis Lawyer

When cancer is misdiagnosed, it can turn a person’s life upside down. If cancer is missed or found late, it might grow and spread, reducing the chances of successful treatment. This not only affects health but also brings emotional stress and financial strain due to unnecessary treatments or lost time. On the other hand, being wrongly diagnosed with cancer can lead to unnecessary treatments, including surgeries, which come with their own risks and side effects. The emotional trauma of thinking you have cancer when you don’t is also significant.

As a misdiagnosis victim, you have legal rights, including the right to file a lawsuit or insurance claim for compensation. A lawyer can assist you throughout this legal process, striving to secure the highest compensation and justice for you. Below, Butler Kahn will explain crucial information about cancer misdiagnosis, including types and causes, legal options for victims, potential financial compensation, and how a cancer misdiagnosis lawyer helps.



Types and Causes of Cancer Misdiagnosis

One cause of cancer misdiagnosis is a complete miss, where cancer is not identified when it’s actually present. Then, there’s the wrong diagnosis, where a person is told they have cancer, but they actually don’t. Another type is when the type or location of cancer is incorrectly identified. Lastly, there’s a late diagnosis, where cancer is found but much later than it should have been.

Often, cancer misdiagnosis is due to a mix-up in lab results, either because of human error or faulty equipment. Sometimes, doctors fail to order appropriate tests, or they misinterpret the results. A lack of communication between medical professionals can also lead to misdiagnosis. In some cases, a doctor’s lack of knowledge about certain cancer types plays a role. This is especially true for rare cancers, which are harder to identify correctly.

In Atlanta, cancer misdiagnosis often happens in hospitals and clinics, especially in departments where doctors see a high volume of patients. Misdiagnosis can also occur in diagnostic centers where tests like biopsies, blood tests, or imaging are done.

Potential Liable Parties for Cancer Misdiagnosis

In cancer misdiagnosis cases, the liable parties can include doctors, hospitals, or even laboratories. Doctors are often the first point of contact in healthcare. If a doctor fails to identify cancer symptoms, disregards your health history, or does not order appropriate tests, they might be responsible for the misdiagnosis. This responsibility arises from the expectation that a doctor should provide care that meets professional standards. If they don’t, and this leads to a misdiagnosis, they could be held liable.

Hospitals can also be liable, especially if the misdiagnosis was due to systemic issues like poor communication among staff, inadequate training, or faulty equipment. Hospitals are expected to ensure a safe and effective environment for patient care. If they fail in this duty, and it results in a cancer misdiagnosis, they can be held accountable.

Laboratories play an important role in diagnosing cancer, as they analyze tissue samples and blood tests. If a lab error, such as mislabeling a sample or incorrect test results, leads to a misdiagnosis, the lab could be held responsible.

In Georgia, these cases are usually governed by medical malpractice laws. These laws require proving that the healthcare provider failed to provide the standard of care and that this failure directly led to the misdiagnosis. Proving liability in these cases often requires expert medical testimony to establish what the standard of care is and how it was not met.

Cancer Misdiagnosis

Potential Damages in Misdiagnosis Cases

In a cancer misdiagnosis case in Atlanta, Georgia, you might be able to recover certain damages. These damages are meant to cover the losses you’ve suffered due to the misdiagnosis.

Medical expenses are a major part of these damages. They include costs for treatments that might have been unnecessary due to the misdiagnosis, as well as expenses for the correct treatment once the cancer is properly diagnosed. Lost wages are another type of damage. If the misdiagnosis caused you to miss work or lose your job, you can claim compensation for these lost earnings.

Pain and suffering is another category. This is for the physical and emotional distress caused by the misdiagnosis.

In addition to these, Georgia law also considers the concept of partial fault. If you are partly at fault for your own injury (for example, by not following medical advice), this can reduce the amount of damages you can recover. However, as long as your fault is less than 50%, you can still claim damages.

Wrongful death is another aspect. If a cancer misdiagnosis leads to someone’s death, the victim’s family may file a wrongful death claim. This can cover lost income, funeral expenses, and loss of companionship.

Frequently Asked Questions

Can I sue for cancer misdiagnosis?

Yes, if the misdiagnosis resulted from a healthcare provider’s negligence.

 In Georgia, you generally have two years from the date of misdiagnosis.

You can claim medical expenses, lost wages, and pain and suffering.

A lawyer can manage the legal process and improve your chances of a favorable outcome.

By demonstrating that the healthcare provider failed to meet the standard of care.

Yes, but your compensation might be reduced based on your share of fault.

You may file a wrongful death lawsuit.

Many lawyers work on a contingency fee basis, meaning they get paid only if you win.

Most cases settle out of court, but it varies.

It can take several months to years, depending on the case’s complexity.

Contact Us Now For Legal Help

Atlanta Cancer Misdiagnosis Attorneys

If you or a loved one has been a victim of cancer misdiagnosis in Atlanta, you have legal options. Contact Butler Kahn medical malpractice lawyers for guidance on your rights and options. You deserve a team that understands your situation and is ready to fight hard on your behalf for the justice and compensation you need. Reach out to Butler Kahn by calling (678) 940-1444 or contacting us online here for a consultation with a cancer misdiagnosis attorney.

Atlanta Attorney sits with team to discuss personal injury case

Meet Jeb Butler


It’s pretty simple: a lawyer should be good at what he does, care about his clients, and live up to his word. That is how we have built this firm.

I’ve been handling exclusively personal injury and wrongful death cases for over ten years. Before that, I worked as a prosecutor, public defender, federal law clerk, and (briefly) as a civil defense lawyer. In law school I argued on the National Moot Court team, published on the Law Review, and graduated magna cum laude. Doing well in law school opened lots of doors for me but it was not until I started my own law firm handling serious injury cases that I opened the right one.

What I learned before law school has mattered the most. I learned to work hard, for a long time, at jobs that were not glamorous. I shoveled sod, mucked stalls, fed horses and cows, cut grass, and ran a weed-eater. I learned to weld and drive a tractor. I learned about pride in a job well done.

That is what drives me now. I want to win my client’s case, look them at the eye at the end when we deliver the check, and know that my firm has lived up to its word of delivering top-tier legal work and top-tier client service.

Meet Matt Kahn


Meet Matt Kahn


If you’re on our page looking for a personal injury lawyer, you and your family have likely suffered a serious loss. This page probably isn’t the first law firm website you’ve visited. Let me tell you what we can do for you.
The three most important things you should look for in a lawyer are experience, work ethic, and communication.

  • Experience – I’ve dedicated my career to fighting for people and families who’ve suffered unimaginable losses by focusing solely on personal injury and wrongful death cases. It’s all we do at Butler Kahn.
  • Work Ethic – I fight for my clients around the clock. My day doesn’t end at 5:00 p.m. When I take on a case, that case becomes a significant part of my life. Why shouldn’t it? It’s certainly a significant part of yours.
  • Communication – Each of my clients have my cell phone number. If you want to talk to you lawyer, you should be able to on your time.

You need real lawyers who handle serious cases. That is what Butler Kahn does.