Cancer Misdiagnosis Attorneys

Dedicated to Justice for Diagnostic Failures in New Jersey

At The Law Office of Miller & Gaudio PC, we are deeply committed to advocating for individuals and families affected by a cancer misdiagnosis. We understand that a delay or error in diagnosis can have life-altering—and even fatal—consequences. That’s why we fight tirelessly to hold negligent medical professionals accountable and secure the compensation our clients need to rebuild their lives.

 

Why Choose The Law Office of Miller & Gaudio PC

Medical and Legal Expertise

Our team combines deep legal experience with medical insight. Partnering with top-tier oncologists and diagnostic experts, we dissect every diagnostic step to uncover negligence.

Compassion-Driven Advocacy

Clients tell us they appreciate not just our legal skills, but our empathy. We know this is a time of emotional distress, and we strive to provide clear, compassionate counsel throughout every stage of your case.

Comprehensive Case Management

From investigation and expert coordination to negotiation and trial readiness, we guide you through the entire legal journey. You are never left wondering about next steps—because we maintain clear, responsive communication.

Results-Oriented Representation

Our goal is to maximize your recovery. That includes medical costs, income loss, emotional suffering, loss of consortium, wrongful death damages, and more. And because we work on contingency, you pay nothing unless we deliver results.

 

What Is a Cancer Misdiagnosis?

Understanding Diagnostic Errors

Cancer misdiagnosis refers to any healthcare failure that prevents timely and accurate diagnosis. This may include misreading imaging scans, incorrectly interpreting laboratory tests, or failing to refer patients to oncologists when warranted.

How Misdiagnoses Manifest

1. False negative results: Patients are told they do not have cancer when the disease is already present.
2. Diagnosis delays: Critical warning signs are overlooked, pushing treatment into later stages.
3. Wrong cancer type identified: The patient receives treatment for a different form of cancer than what they have.
4. Malignant tumors misclassified: A dangerous cancer is labeled benign, cutting off life-saving interventions.

 

Why Cancer Misdiagnoses Occur

Human and Systemic Failures

Even with modern medical technology, misdiagnosis remains a major issue. Common contributing factors include rushed appointments, record-keeping errors, communication breakdowns between departments, and diagnostic biases that favor less serious explanations.

Cancers Frequently Misdiagnosed

While any type of cancer has the potential to be misdiagnosed, certain forms are particularly vulnerable due to how their symptoms present—or fail to present—early on. These cancers often mimic less serious illnesses, making it easy for providers to overlook red flags unless they maintain a high degree of clinical vigilance.

1. Breast Cancer

Breast cancer is among the most common—and unfortunately, most commonly misdiagnosed—types of cancer. In its early stages, breast cancer may present as a small lump or thickened tissue in the breast, often mistaken for a benign cyst or fibrocystic changes. This is especially true in younger patients, where providers may downplay risk due to age.

Mammograms and ultrasounds, while critical diagnostic tools, are not infallible. Errors in reading imaging, failure to recommend a biopsy, or a physician’s premature reassurance that “it’s nothing to worry about” can delay diagnosis until the cancer has spread to lymph nodes or beyond.

A delayed diagnosis of breast cancer often means more aggressive treatment, a greater risk of recurrence, and in some cases, reduced life expectancy. Legally, when a provider fails to follow standard imaging or biopsy protocols, or misinterprets results that a reasonably competent doctor would have acted on, the grounds for malpractice may exist.

2. Colon Cancer

Colon cancer, also known as colorectal cancer, is often misdiagnosed because its early symptoms—such as abdominal cramping, constipation, blood in the stool, or bloating—can be easily mistaken for gastrointestinal disorders. Many patients, particularly those under age 50, report that their symptoms were repeatedly labeled as irritable bowel syndrome (IBS), hemorrhoids, or even stress.

This diagnostic bias can be catastrophic. A simple colonoscopy or CT scan could detect cancer early, yet in many cases, these tests are delayed or not ordered at all until the disease reaches an advanced stage. The result is more invasive treatment, permanent complications (such as colostomies), and worse long-term survival outcomes.

If a physician fails to take complaints seriously or ignores early warning signs—particularly when risk factors like family history or rectal bleeding are present—the patient may be entitled to file a colon cancer misdiagnosis lawsuit.

3. Lung Cancer

Lung cancer is frequently overlooked in its early stages because its symptoms mimic far more common respiratory conditions. Patients often present with a persistent cough, chest pain, wheezing, or shortness of breath. These are symptoms that many doctors attribute to bronchitis, asthma, allergies, or smoking-related irritation—especially in younger or non-smoking patients.

Unfortunately, failing to order a chest X-ray or CT scan in time can allow lung cancer to progress rapidly. Many patients don’t receive an accurate diagnosis until the disease has reached stage 3 or 4, when treatment options are limited and survival rates are drastically reduced.

From a legal standpoint, a lung cancer misdiagnosis claim may arise if a provider neglected to investigate symptoms that clearly warranted imaging or specialist referral.

4. Lymphoma

Lymphoma, a cancer of the lymphatic system, is another type of cancer that is often misdiagnosed due to its nonspecific and misleading symptom profile. Patients may report fatigue, unexplained fever, swollen lymph nodes, night sweats, or weight loss—symptoms that commonly resemble viral infections like mononucleosis or even chronic fatigue syndrome.

This diagnostic confusion is worsened when bloodwork is inconclusive or providers assume the patient is experiencing a benign viral condition. In many cases, the lack of an immediate biopsy or imaging of the lymphatic system allows lymphoma to spread before it is detected.

Failure to promptly diagnose lymphoma can delay access to chemotherapy or radiation, reducing the likelihood of remission. Malpractice may be evident if the doctor failed to follow up on symptoms that persisted beyond the expected timeline for a typical infection.

5. Pancreatic Cancer

Pancreatic cancer is often referred to as a “silent killer” because its symptoms usually do not manifest until the cancer is in an advanced stage. When symptoms do appear, they are vague and easily attributed to more benign issues. Patients may experience abdominal discomfort, unexplained weight loss, nausea, or loss of appetite—symptoms easily mistaken for ulcers, digestive issues, or even psychological stress.

Because of its deep location in the body and the subtlety of its symptoms, pancreatic cancer requires a high level of clinical suspicion and advanced imaging like an abdominal MRI or CT scan to detect. Delays in diagnosis are common, but when a physician fails to recognize patterns or ignores complaints from high-risk individuals (such as those with diabetes or a family history), there may be a strong legal basis for a pancreatic cancer misdiagnosis claim.

 

The Legal Foundation for Action

When Misdiagnosis Becomes Malpractice

A cancer misdiagnosis may be legally actionable if the patient can prove the provider breached their duty. To succeed in a medical malpractice suit, four elements must be established: duty, breach, causation, and damages.

Establishing Causation and Damages

Proving that the misdiagnosis caused harm involves showing delayed treatment led to increased severity, more invasive procedures, prolonged suffering, or death. Gathering thorough medical evidence and expert testimony is essential to build a compelling case.

 

How to File a Claim in New Jersey

1. Initial Case Assessment

We begin with a comprehensive review of all medical records, test results, referral patterns, and care timelines to pinpoint the moment the standard of care failed.

 

2. Affidavit of Merit Requirement

New Jersey law mandates that a licensed medical expert confirm that the care provided fell short of accepted standards. This affidavit must accompany the malpractice complaint and be filed within the applicable statute of limitations.

3. The Complaint and Discovery Process

Once filed, the court-managed discovery phase begins. We gather expert opinions, depose medical providers, and compile evidence. This stage forms the backbone of your case strategy.

4. Trial or Settlement Negotiations

Most cases are resolved through settlement, but our team is prepared to present your case at trial if that’s what justice requires.

 

Determining Liability

Identifying All Responsible Parties

Liability can extend to a single provider or multiple entities. Our investigations often reveal shared fault among primary care physicians, oncologists, radiologists, lab technicians, urgent care clinics, and hospitals.

Hospital and Institutional Liability

Beyond individual providers, institutional factors such as understaffing, lack of diagnostic protocols, or poor communication infrastructure may also contribute to misdiagnosis. We examine these systems to pursue maximum accountability.

 

Types of Compensation Available

Economic Losses

Recoverable costs may include past and future medical bills, lost wages, reduction in earning potential, home care or rehabilitation costs, and more.

Non-Economic Damages

Compensation may also cover pain and suffering, emotional distress, changes to quality of life, loss of enjoyment, and spousal or family loss of companionship.

Wrongful Death Damages

If a misdiagnosis results in death, surviving family members may recover funeral expenses, loss of future earnings, and non-economic damages such as loss of care or emotional support.

 

Case Examples

Breast Cancer Overlooked

A client’s lump dismissed as benign. She was only diagnosed at a metastatic stage after multiple doctor visits, necessitating aggressive treatment and reducing her life expectancy.

Colon Cancer Misdiagnosed

Symptoms treated repeatedly as IBS. Lack of timely colonoscopy resulted in stage 4 diagnosis and costly long-term care.

Lung Cancer Missed in Urgent Care

Despite persistent chest symptoms, imaging was never ordered. Repeat visits revealed stage 4 lung cancer, significantly lowering treatment options.

 

Lymphoma Misinterpreted

Tender lymph node and fatigue misdiagnosed as infection due to a misread scan. Chemotherapy was delayed while the cancer progressed.

 

Frequently Asked Questions

Can I sue if my cancer was misdiagnosed?

Yes. If your cancer was misdiagnosed due to a healthcare provider’s negligence—and that error caused harm, such as delayed treatment or a worsened prognosis—you may have grounds for a medical malpractice lawsuit. Our firm can evaluate whether the standard of care was breached and whether you are eligible to file a claim.

How do I prove that the misdiagnosis was medical malpractice?

You’ll need to show that the doctor or medical provider failed to act as a reasonably competent professional would have under similar circumstances. This typically requires medical expert testimony, a thorough review of your medical records, and evidence linking the delay in diagnosis to your health decline.

What types of damages can I recover in a misdiagnosis lawsuit?

You may be entitled to compensation for medical expenses, lost wages, loss of earning potential, pain and suffering, emotional distress, and—if applicable—wrongful death damages. Each case is unique, and we’ll work to pursue full recovery based on your specific losses.

Is there a time limit to file a cancer misdiagnosis claim in New Jersey?

Yes. The statute of limitations in New Jersey is generally two years from the date you discovered—or reasonably should have discovered—the misdiagnosis. For minors or wrongful death cases, different timelines may apply. It’s crucial to speak with an attorney as soon as possible to preserve your rights.

 

Who can be held liable for cancer misdiagnosis?

Liability may extend to primary care doctors, specialists, radiologists, pathologists, urgent care providers, and even hospitals or healthcare systems—anyone involved in the diagnostic process who failed to meet accepted standards of care.

 

Contact The Law Office of Miller & Gaudio PC Today

If you or a loved one has been harmed by a delay or failure in cancer diagnosis, reach out to The Law Office of Miller & Gaudio PC today. We offer thorough, no-risk case evaluations. You pay nothing unless we win on your behalf.