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Oakland Personal Injury > Blog > Medical Malpractice > Your Rights After a False Positive Cancer Misdiagnosis

Your Rights After a False Positive Cancer Misdiagnosis


Being told that you have cancer is life-changing, so you probably expect that you would be happy to hear that your physician made a mistake in diagnosing you. However, a false-positive cancer diagnosis of any kind can be seriously harmful for your health and well-being in ways you did not expect. You may have undergone severe, harsh treatment, and some of the implications cannot be reversed. Unfortunately, the New England Journal of Medicine reports that this scenario is disturbingly common: Researchers estimate that false-positive diagnosis of cancer could be as high as 97 percent.

Your relief at learning you do not have cancer may be short-lived once you understand the consequences for your body, the medical costs for unnecessary treatment, and other losses. It is critical to discuss your legal remedies with an Oakland medical malpractice attorney if you find yourself in such a position, but some basic information about your rights may be helpful. 

Medical Treatment Options for Cancer: Health care providers engage in very aggressive, often invasive types of care to treat cancer, many of which affect your entire body – not just the location of the disease. The exact strategy will vary depending on the type and stage of cancer, as well as your physical health, but some examples include:

  • Surgery: When diagnosed early, surgical removal of affected cells and/or a tumor may be a viable treatment option. A procedure will not be effective if the cancer has spread into other organs or parts of the body.
  • Radiation Therapy: Oncologists can often target and eliminate cancerous cells by aiming high-energy rays, similar to an x-ray. However, the doses of radiation are much more intense, so there can be serious side effects.
  • Chemotherapy: Health care providers may use strong drugs to reduce or eliminate cancerous cells, often in conjunction with one of the other strategies above. In many ways, chemo is a poison, so you can imagine the implications for your body.

Serious Side Effects and Complications: Any type of cancer care is harsh, usually impacting healthy organs and tissues. Depending on your treatment, you may endure: 

  • Hair loss;
  • Skin irritation, rashes, flaking, and blistering;
  • Nausea, vomiting, loss of appetite, and digestive issues, leading to unhealthy weight loss;
  • Extreme weight gain;
  • Mouth sores and irritation;
  • Infection from surgery and invasive procedures;
  • Coughing, wheezing, and difficulty breathing;
  • Organ failure;
  • Throat irritation; and,
  • Many more

When cancer is properly diagnosed, these side effects are unfortunate and harmful – but they are a necessary part of treatment. If you received a false-positive diagnosis, you could undergo horrific treatment and the related complications for no reason. Plus, an undiagnosed medical condition could persist or get worse.

Our Oakland, CA Medical Malpractice Attorneys Can Assist With Your Claim 

This overview may enlighten you about the impact of a false-positive cancer diagnosis, and it should convince you that it is essential to retain experienced counsel for legal help. To learn more about your options, please contact the Oakland medical malpractice attorneys at Venardi Zurada, LLP right away. We can set up a no-cost case assessment at our offices.



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  • We have served Northern California for over 35 years.

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  • In our decades of legal service to the community, we have garnered a substantial reputation. We are respected by opposing counsel, feared by insurance companies, and followed by jurors.

  • We combine Big Firm experience with boutique office attention and care. Several of our attorneys have experience working for the biggest law firms in the country, including the most prominent maritime defense law firm. Our attorneys rely on that big-firm know-how but prefer the personal touch of a smaller firm, allowing us to provide individualized and attentive representation to each of our clients.

  • We’ve been through it, too. Attorney Mark Venardi had to personally deal with a medical malpractice injury he suffered at a time when he was working a blue-collar job on an offshore oil rig; he knows what it’s like to be a working man dealing with a personal injury. He built his way up to working for the biggest maritime defense firm in the country, before deciding to focus on helping people like himself who were hurt by negligence and mistreatment from others.

  • We like to fight for the underdog. Attorney Martin Zurada is an immigrant and the son of immigrants who tirelessly worked his way up through education and experience to attain the American dream. Even though he has served in large, high-level litigation law firms, he prefers helping clients directly, fighting against injustices, and securing victories for the little guy who has been wronged.

  • We win. We have secured multi-million dollar verdicts and settlements. In our combined tenure, we have recovered tens of millions of dollars for our clients across our broad areas of practice.

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  • There is no cost to you until we win. If we don’t make a recovery for you, we will not collect a fee. And all initial consultations are free of charge.

Dedicated Areas of Practice

We offer a wide range of litigation services for Oakland personal injury and employment law clients. Specifically, our areas of dedicated practice span the following issues:

Employment Law. California employers must assure proper pay to employees and comply with a variety of rules and regulations to prevent discrimination and unfair treatment of employees. We represent victims of wage and hour violations, employment discrimination, workplace harassment, retaliation, wrongful termination, and any other form of California workplace mistreatment. If you believe you were treated inappropriately at work, we can help.

Personal Injury. If you’ve been injured due to another’s negligence, you deserve compensation. That’s where we come in. As Oakland personal injury attorneys, we right the wrongs done to our clients. And we do it at our cost during the entire duration of your case. There is never any fee until we win. Give us a call if you have been hurt in a car accident, by a toxic spill or contamination, as a result of medical malpractice, due to abuse or neglect, in a maritime accident, by a vicious animal attack, or any other incident caused by someone else’s negligence.

The Sooner You Speak to an Oakland Injury Lawyer, the Stronger Your Chances for Recovery Will Become.

Contact the Oakland injury lawyers at Venardi Zurada today, and let’s get started. We are available to talk any time, so whether you call, email or chat online, we’ll respond and set up an appointment to meet you. We have several Spanish speakers in the office and welcome the opportunity to cater our services to Oakland’s Spanish-speaking population. You pay no fee until we win for you, so you have nothing to lose by contacting our office for a free consultation. The sooner you call, the faster we can start getting results for you. Call 925-937-3900.

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