Cancer Misdiagnosis
Every year, cancer claims more than 600,000 lives in the United States. John Hopkins experts have estimated that 1 in 71 cases are misdiagnosed and up to 1 in 5 cancers are misclassified. Cancer misdiagnosis can be litigated when improper care or delayed diagnosis and treatment by medical personnel can be proven. This can occur due to late detection or misclassification. Doctors, nurses, and pathologists are among the list of responsible parties that cancer misdiagnosis cases can be filed, but the most common responsible party are doctors.
The legal process for a medical malpractice case can become very complex and take an extensive amount of time and money to prosecute. Because of this, it is very important to choose the right law firm with the necessary resources and access to medical experts that can investigate the facts of the case and successfully bring your case to conclusion.
As a client, it is important to collect and maintain as many relevant records as you can, in order for attorneys to determine the medical standard of care that was received. Having a complete set of all medical records (which we can obtain by requesting them from your healthcare providers) will be necessary to build you a strong case. There are some basic elements we may need to prove in order to successfully bring a case.
Often we must prove that:
- The relationship was strictly either “doctor-patient,” “nurse-patient,” or “hospital-patient”
- The doctor or other healthcare provider acted negligently, which resulted in a cancer misdiagnosis
- The doctor’s or other healthcare provider’s negligent cancer misdiagnosis caused damage to the patient
- The patient’s cancer misdiagnosis harm lead to specific injuries or death
After the doctor’s or other healthcare provider’s negligence has been confirmed, the client’s injuries must be proven as a direct result of the responsible parties’ negligent actions. Then the client’s injuries must be able to be categorized as either economic (special), non-economic (general), or punitive legal damages.
Cancer misdiagnosis damages can include:
- Lost wages (past and future)
- Medical bills (past and future)
- Lost use of property
- Pain and suffering
- Emotional distress
- Loss of quality or enjoyment of life
- & more
In a cancer misdiagnosis case, the client must prove that the misdiagnosis was directly related to the negligence of the doctor, nurse, or other responsible parties. This is a vital part of the litigation process because cancer misdiagnosis can occur regardless of the capability and attention from the treating party. Proving the responsible party’s negligence is what leads to the misdiagnosis of cancer, is often a very difficult process.
These medical mistakes may lead to a cancer misdiagnosis:
- Failure to perform or order routine tests (blood tests, radiology studies, etc.)
- Misreading studies (biopsies, ultrasounds, etc.)
- Failure to communicate abnormal test results
- Disregarded laboratory advice to proceed with further testing
- Dismissing early warning signs as minor complaints
- Ruling out the chance of cancer due to age or other factors
- & more
If you have been harmed or have lost a loved one due to complications with a missed cancer diagnosis, contact The Cochran Firm today for a free, no-obligation consultation. Our experienced medical malpractice lawyers have seen the direct effect cancer has on a person and their family members and are ready to serve as your vital resource in navigating through the difficulties of the legal process. Feel free to call The Cochran Firm at 1-800-The-Firm for a free, no-obligation consultation.