It is indeed frustrating that our cancer gets misdiagnosed as sinus, infections, etc on a routine basis. It was six months before I had a CT scan that showed the tumor so I thought that Michael Douglas experience sounded pretty normal.
Unfortunately, missing head and neck cancer does not necessarily mean legally actionable malpractice. Even with the best of care, things can go wrong. Generally, to win a medical malpractice case, you must have expert medical testimony that no reasonable health care provider would have done what yours did. Reasonableness is generally determined by looking at what is reasonable care in view of the Available knowledge, Geographic location where care occurred and the state of medical practices at the time of the illness or injury.
I've been a lawyer for 37 years and even worked for a plaintiff's medical malpractice firm and knew I wouldn't have a case just because the doctors didn't diagnose my earache as base of tongue cancer immediately. It sucks, but it's true.
Charm