Do You Have a Case for Cancer Misdiagnosis?
Written by AskTheLawyers.com™ on behalf of Kathleen M. Reilly with Brady Brady & Reilly, LLC.
Misdiagnosis is one of the most common types of medical malpractice. According to BMJ Journals, every year more than 12 million adults are misdiagnosed, with 10%-20% of misdiagnoses occurring to patients with serious conditions, like cancer.
Medical malpractice is a legal term used when a healthcare professional does not exercise a proper standard of care, resulting in serious injury or wrongful death of a patient, including a cancer prognosis worsening with time due to being missed early on when it was easier to treat. While most medical professionals are highly trained and committed to the health and wellbeing of their patients, when negligence does occur, the consequences for patients and their families can be disastrous. However, it should be noted that misdiagnosis may also occur for reasons other than malpractice, as some conditions can closely mimic different kinds of cancer.
If your cancer was not diagnosed in its early stages, you may be eligible to file a misdiagnosis claim.
If your cancer was not diagnosed until later, resulting in a need for more rigorous treatment and/or a worsened prognosis, this could indicate you are eligible to file a claim. A medical malpractice claim or lawsuit is one in which the patient who suffered from malpractice, or the patient’s family in the event the patient is deceased, can seek compensation for their damages from the negligent party.
In a medical malpractice misdiagnosis claim, the liable party could be a doctor, nurse, radiologist, and more, or even a medical facility, such as a clinic, hospital, or emergency room. Poor communication is thought to be the cause of many instances of malpractice, where information from one medical professional or facility does not make it to the next one. However, misdiagnosis may also occur when a doctor fails to order the necessary tests, and/or the tests are not performed correctly, or the results are misinterpreted.
If you suffered from misdiagnosis, you may be eligible to receive compensation for the following damages:
- Past and future medical bills
- Lost wages
- Life care expenses, such as life support or ongoing medical expenses
- Vocational rehabilitation
- Pain and suffering, for both emotional and physical distress
- Loss of consortium and loss of care and companionship
- Wrongful death
- Funeral expenses
If you or a loved one suffered from a cancer misdiagnosis or delay in diagnosis, reach out to a medical malpractice attorney.
Medical malpractice attorneys know how to identify when and where in the medical process a mistake was made and whether or not negligence was involved. It can be extremely difficult to identify medical negligence without the help of an attorney due to the highly complex nature of the field.
The good news is that most of these attorneys offer free consultations and even work on a contingency fee basis; this means clients and their families do not have to worry about paying for their services unless and until they win their lawsuit, at which point the attorney would be paid out of a portion of the winnings. However, every state has a statute of limitations or deadline after which the injured party may no longer be eligible to file, so it’s important to seek legal counsel as soon as possible after realizing the misdiagnosis.
To learn more about misdiagnosis in the medical industry, or for help investigating your claim, reach out to an experienced medical malpractice attorney in your area.