It is extremely vital that a patient has their case of cancer diagnosed in time for many reasons. A prompt diagnosis gives a patient the best chance at survival, and it may mean that they undergo a less intensive treatment. If a doctor fails to properly diagnose the cancer and there is a delay in treating the patient, it can have catastrophic consequences. You can hold the doctor accountable in a medical malpractice lawsuit, although there may be some challenges in your case. Your family should contact a medical malpractice lawyer to learn your legal options and whether you have a potential lawsuit against the doctor.
Timely Diagnosis Can Increase a Patient’s Chances of Survival
Some forms of cancer may be treatable and even curable when caught in time. Cancer can grow far worse, and it may spread to more parts of the body if it is not caught early. In some cases, the patient may know there is something wrong with them, and they may seek medical care for the symptoms. However, the doctor may not do their job. Although the failure to diagnose a condition is not automatically medical malpractice because some forms of cancer may be difficult to detect, the doctor must still use reasonable care under the circumstances. Failure to diagnose cancer can reduce the patient’s survival rate, and it can take away from their quality of life by forcing them to undergo a more difficult battle with the disease.
How Negligent Doctors May Fail to Diagnose Cancer
There are numerous ways that a doctor can be negligent in failing to diagnose cancer, including:
- Failing to order the appropriate tests that could have detected cancer
- Mistaking what turned out to be cancer with another medical condition
- Not thoroughly reviewing the medical history before treating the patient
- Failing to refer you to a specialist when the patient had a concerning medical condition
- Ignoring the patient’s report of symptoms that they are experiencing
Your medical malpractice attorney will work with expert witnesses to learn what the doctor could have and should have done under the circumstances. The expert witness will review the patient’s medical records and try to recreate the care that the patient received. They will compare it to what a reasonable doctor would have done to determine whether the medical professional was negligent. You can also further develop your case in discovery when you file a medical malpractice lawsuit. Your medical malpractice lawyer can question the doctor under oath and hear from them in their own words how they viewed the patient’s treatment and what they were thinking at the time.
Challenges in a Medical Malpractice Lawsuit for Failure to Diagnose Cancer
There are numerous challenges you may face in a medical malpractice lawsuit for delayed diagnosis of cancer. Causation is one of the main elements in any personal injury case. You need to prove that the defendant was the legal cause of your injuries. You will have to demonstrate that the doctor’s actions actually caused injury to you or your loved one. For example, if you are filing a wrongful death case, you will have to show that the doctor’s negligence and delays in diagnosing the cancer actually caused the death of your loved one.
Then, you will need to quantify the damages that the doctor caused. For example, if your loved one died from a particularly aggressive form of cancer, the defendant may claim that they really did not have much life left anyway, and their remaining days would not have had much quality of life. You will need to have a strong idea beyond mere speculation about the exact harm the doctor caused and be able to come up with a verifiable number that you are seeking in damages.
Damages in a Wrongful Death Claim for Failure to Diagnose Cancer
Your medical malpractice lawsuit can be filed as a wrongful death claim if your loved one died and as a personal injury action if you were the patient. In a wrongful death case, you can recover the damages that your family suffered due to the loss of your loved one. In addition, a wrongful death case will also be accompanied by a survival action to compensate your family for how your loved one suffered before they died. Damages in a survival action may include:
- The medical expenses necessary to treat your loved one before they died (both you and the insurance company will be reimbursed for the money that you spent on cancer treatment)
- The lost income that your loved one could not earn when they were sick
- The pain and suffering that your family experienced when they were sick
- The loss of enjoyment of the life that your family member had before they were sick
- The emotional distress of living with cancer
You may also be paid if your case of cancer was made worse by your doctor’s failure to diagnose the disease in a timely manner.
A Medical Malpractice Lawyer Will Fight for You to Be Paid
Since cancer is such a serious illness, your case can be worth a considerable amount of money regardless of whether the patient survived. A medical malpractice lawyer will work to quantify your damages because they must be supported with evidence.
Your attorney may work with medical experts to learn how the failure to diagnose affected your life. There will likely be a large difference between your position and that of the insurance company in a settlement negotiation. However, doctors and insurance companies are afraid of medical malpractice lawsuits because of the possibility of punitive damages.
Many try to settle cases when they know that they have legal risk because a jury can be far harder on them than a settlement would. A Mclean, personal injury attorney will work to hold the doctor accountable and fight for you to get every dollar you deserve in damages. They will work diligently to gather medical records, consult with experts, and present compelling arguments in court. Don’t delay, call today to schedule your appointment.