Medical malpractice lawsuits arise when a doctor or another healthcare provider makes an error that results in the injury or death of the patient. Many of these cases involve botched surgeries, inaccurate dosages of medication or failure to follow proper treatment protocols. However, medical malpractice cases may also occur when a healthcare provider fails to diagnose a serious health condition, such as cancer.
When a cancer misdiagnosis occurs, the victim and his or her family may experience many different consequences. Two main types of cancer misdiagnoses can occur. In the most common type of case, the doctor fails to identify an existing cancer in spite of sufficient evidence. In another type of cancer misdiagnosis case, the doctor incorrectly diagnoses cancer when no cancer is actually present.
When a doctor fails to identify the cancer, the delayed diagnosis may significantly reduce the patient’s risks of survival, sometimes leading to the patient’s death. This type of misdiagnosis may also force the patient to undergo more intensive treatments than he or she would have needed if the cancer had been caught earlier. In cases where cancer was inaccurately diagnosed, the patient may undergo painful or harmful treatments he or she never needed in the first place, as well as substantial emotional trauma.
Cancer misdiagnosis cases are similar to other types of medical malpractice cases in that the plaintiff must prove several basic elements in order to win in court. In general, the plaintiff must be able to show that ...
Cancer is not always diagnosed early. In addition, some inaccurate diagnoses of cancer may not warrant a medical malpractice case. Thus, determining whether you should file a claim following cancer misdiagnosis can be complicated. Some of the situations that most commonly lead to medical malpractice lawsuits related to cancer misdiagnosis include:
1. The laboratory failed to identify cancer cells after a biopsy or other diagnostic test.
2. The laboratory recommended further testing following a biopsy or another diagnostic procedure but the doctor failed to order this additional testing.
3. The doctor did not follow protocol when testing for cancer and/or interpreting the results of diagnostic tests.
4. The doctor neglected to order the proper testing for cancer, even when symptoms that should have prompted this testing were present in the patient.
5. The doctor missed apparent symptoms of cancer that a reasonable, competent doctor in his or her position should have identified.
When a cancer misdiagnosis medical malpractice case is successful, the patient will typically receive a substantial award from the court. This award is designed to compensate the patient and/or the patient’s family for all losses related to the misdiagnosis. Damages commonly added to medical malpractice awards include compensation for lost wages, lost earning capacity, past medical bills and estimated future medical bills. Plaintiffs may also receive additional damages for pain and suffering, loss of enjoyment of life and other intangible consequences.
If you believe that you or a loved one has been misdiagnosed with cancer, you may be entitled to compensation. The best way to determine whether you have a valid claim against your physician or another healthcare provider is to contact an attorney who has experience in this practice area.
