Medical Malpractice Information

In Washington & Oregon



Cervical cancer information from Fuller Law
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Cervical Cancer Information

According to the American Cancer Society, over 10,000 cases of invasive cervical cancer will be diagnosed in the United States annually. Also, approximately 3,900 women will die from cervical cancer in the United States over the same period. 50% of women diagnosed with cervical cancer are between the ages of 35 and 55.

WARNING SIGNS

Early cervical cancer may not cause noticeable signs or symptoms. According to the National Cancer Institute, women should have yearly check-ups, including a Pap smear, to check for abnormal cells in the cervix. The prognosis (chance of recovery) is better when the cancer is found early.

There are some signs which could possibly indicate cervical cancer. A doctor should be consulted if any of the following problems occur:

  • Unusual vaginal bleeding;
  • Unusual vaginal discharge;
  • Pelvic pain;
  • Pain during sexual intercourse.

ROLE OF YOUR HEALTH CARE PROFESSIONAL

In addition to your self-care, your doctor has an obligation to screen you for cervical cancer. The primary screening evaluation is the Pap smear. Pap smears are usually performed during routine pelvic examinations. A speculum and spatula are used to gather samples of living cells from the vagina and cervix. The samples are analyzed microscopically for the presence of cancerous or precancerous changes in the cells. The American Cancer Society recommends that Pap testing should:

  • Begin 3 years after the onset of sexual activity or at age 21, whichever comes first;
  • Be performed annually with a conventional Pap test, or every 2 years if using a liquid based Pap test;
  • For women over 30, be performed every 2-3 years after 3 consecutive normal pap tests (unless the woman is HIV positive or has a weakened immune system).

DIAGNOSIS

Any suspicious findings from the screening procedures must be thoroughly investigated. Cancer must be definitely diagnosed or ruled out. The additional tools the doctor has to make the diagnosis include:

  • Pelvic exam;
  • Colposcopy (a procedure using a special device to visually evaluate inside the vagina and cervix;)
  • Biopsy;
  • Endocervical curettage (a procedure to collect cells or tissue from the cervical canal.)

DELAYED DIAGNOSIS AND FAILURE TO DIAGNOSE CERVICAL CANCER.

If cancer of the cervix or precancerous changes are detected early, survival rates are very high with rapid and appropriate treatment. Early diagnosis can nearly eliminate the chances of developing invasive cervical cancer.

Unfortunately, a significant percentage of Pap smears being misread is an ongoing problem. Instead of preventing problems as intended, a misread Pap smear can enable the cancer to progress by giving a woman and her doctor a false sense of security.

The more common forms of medical malpractice committed by doctors and lab personnel in the diagnosis and treatment of cervical cancer are:

  • Failure to properly interpret the Pap smear or biopsy results. Pap smears being misread is a significant and ongoing problem.
  • Failure to test when a patient shows possible symptoms;
  • Failure to recognize a cancerous area during a routine cervical examination;
  • Failure to perform (or properly perform) a pap smear;
  • Failure to perform a biopsy when the screening protocol results are abnormal;
  • Failure to advise appropriate treatment options;
  • Failure to respond quickly to biopsy results.

WHAT SHOULD I DO IF I SUSPECT THERE WAS A DELAY IN DIAGNOSING MY CERVICAL CANCER?

If you have concerns or doubts about whether a doctor failed to make a timely diagnosis of your cervical cancer - or that of a loved one - you owe it to yourself and your family to find out for sure. Contact an attorney at Fuller & Fuller for a FREE consultation. Our firm has been associated with many failure to diagnose cancer cases. Fuller & Fuller serves people whose claims arose in the states of Washington and Oregon.

To determine whether you have a strong claim, these are among the factors that are analyzed:

  • Whether the Pap smear was misread in the laboratory;
  • Whether the malpractice took place within the time allowed to bring a claim, or whether it is barred by the statute of limitations;
  • Whether the delay in diagnosis was longer than is reasonable by the standards of the medical community in which the doctor practices;
  • Whether the doctor failed to perform appropriate testing to allow an informed diagnosis;
  • Whether the doctor failed to administer the necessary medical or surgical procedures;
  • How much money in damages would be appropriate to compensate the patient, or the patient's spouse or family members.

You have nothing to lose by consulting an attorney. It is always in your best interest to learn about your legal options and make sure that your legal rights are preserved. A medical malpractice case is also about righting a wrong, holding the medical community responsible, and raising the level of care so that the same thing does not happen to another patient.

RISK FACTORS

There are risk factors you cannot change, and others that can be controlled. More frequent screening may be recommended for those with a genetic predisposition to cancer. Risk factors for cervical cancer may include:

  • Screening History: Women who have never had a Pap test or who have not had one for several years have a greater risk of developing invasive cervical cancer. Also, women over age 60 who have not had regular screening are at increased risk.
  • HPV Infection: There are over 80 different types of human papillomavirus (HPV). About 25 of these viruses can be sexually transmitted, can infect the cervix, and have been linked to cervical cancer. Cervical infection with HPV is the primary risk factor for cervical cancer. However, HPV infection is quite common and only a minor percentage of women infected with HPV will go on to develop cervical cancer.
  • HIV Infection: Women infected with HIV have a greater risk of developing cervical cancer.
  • Sexual History: Women who were sexually active at an early age or who have had many partners have a greater risk of developing cervical cancer.
  • Smoking: Cigarette smoking is associated with an increased risk of cervical cancer.
  • Diet: Although the contribution of diet is still controversial, some studies have suggested that various nutrients, such as carotene and vitamins C and E, may reduce the risk of cervical cancer.

You can take charge of your health by reducing your risk factors, knowing the signs that may indicate a problem, getting prompt and thorough testing, and making certain your doctor gives you appropriate treatment.

Early detection and treatment of cervical cancer is vital to reduce the likelihood of life-threatening complications. If you are concerned that your doctor did not detect or treat your cancer soon enough, please contact Fuller & Fuller, Attorneys, for a free evaluation of your claims. Fuller & Fuller is a family of medical malpractice lawyers serving residents of the states of Washington and Oregon.

CERVICAL CANCER RESOURCES

You may find some of the following links helpful. Fuller & Fuller does not endorse the information in the links.

National Cervical Cancer Coalition
www.nccc-online.org/

National Cancer Institute Cervical Cancer Homepage
www.cancer.gov/cancertopics/types/cervical/

X-Plain Cervical Cancer Reference Summary
www.nlm.nih.gov/medlineplus/tutorials/papsmear/og029101.pdf

American Cancer Society
www.cancer.org/docroot/home/index.asp

Institute of Medicine
www.iom.edu/

 

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