Failure to diagnose cancer is currently the most common type of medical malpractice litigation. For over 40 years The Fitzgerald Law Firms have handled failure to diagnose / medical malpractice cases and have achieved many substantial verdicts and settlements, including a recent $94 million dollar verdict –the largest medical malpractice verdict in the United States in 2002 (Lawyers Weekly USA ).

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Your chance of surviving cancer depends largely on the stage of the cancer when it is detected. Failure to diagnose cancer in its earliest stage can mean you will have to endure a more painful and rigorous regiment of treatment than would otherwise be requisite. It may also mean death.


  • Cervical cancer is easily detectable by a smear test. When caught in the early stages, survival rates are high. All too often there are errors in screening or misinterpretation that result in a failure to diagnose cervical cancer – potentially leading to infertility or death.
  • Breast cancer is a very curable cancer. It responds well to early treatment. Failure to diagnose breast cancer in the breast tissue can lead to single / double mastectomy or even loss of life.

Colon Cancer is another cancer that responds well to early treatment. When the physician does not properly evaluate and address complaints of rectal bleeding, there is usually failure to diagnose colon cancer. Colon cancer is the second leading cause of cancer deaths.