One of the most common types of medical malpractice lawsuits stems from a medical professional’s failure to properly diagnose cancer. The key to the success of the lawsuit is proving that the failure to diagnose soon enough resulted in further harm to the patient. If no further harm was caused by a delay in diagnosis, the case will fail.
The success of a malpractice case concerning a failure to diagnose cancer relies heavily on what stage the cancer was in when it was initially missed. For example, a lung cancer diagnosis that was delayed for less than six months will likely be difficult to prove as malpractice.
In cases where the physician failed to diagnose breast cancer, the major concern lies in whether or not there have been metastases into the lymph nodes and how many have been effected. A system for determining the stage of breast cancer the patient is in is determined by the number of lymph nodes involved and the size of the tumor(s).
Oncologists are able to trace the cancer growth rates back to the point in time when the negligent act occurred. Negligence factors differ depending on the type of cancer that was overlooked. Different types of cancers have different growth patterns, so some grow faster than others and are much more detrimental if missed at an earlier stage.
If you or someone you love believes that they have a case for medical malpractice in a failure to diagnose cancer, please contact Robbins & Associates today for information on your rights.