A cancer diagnosis can be devastating, not only for the person who has cancer but also for that person’s loved ones. It is even worse if you believe that if the cancer could have been discovered earlier, it could have made a difference in the outcome.
What constitutes medical malpractice when it comes to cancer?
Failure to properly diagnose cancer in a timely manner is one of the most common reasons for a medical malpractice lawsuit – cancer can spread easily and quickly when it is not treated early.
Here are some things you should know about cancer and medical malpractice:
• A successful malpractice lawsuit must prove that the failure to diagnose cancer soon enough resulted in harm. If it can’t be proven that the delay caused harm, the case will fail.
• Malpractice cases can depend on the stage that the cancer was in when it was missed initially. For instance, if the diagnosis was only delayed for a few months and the cancer is in the first stage, it can be hard to argue for malpractice.
• A doctor can fail to diagnose cancer properly by not performing the correct tests to determine if there is cancer or by not considering cancer as a diagnosis in the first place. Or, the fault could lie with the pathologist or radiologist who is interpreting the test – perhaps the lab results are mishandled or a screening image is read incorrectly. Each of these may lead to medical malpractice.
• Besides these other factors, to prove medical malpractice, it must be proven that there was a doctor-patient relationship, that the doctor failed to act according to accepted professional standards, and the failure to diagnose the cancer caused the cancer to progress and get worse or resulted in death.
Dealing with a serious health diagnosis is difficult enough, even without the belief that it didn’t have to be this way and the difficulties that come with trying to be compensated for the doctor’s actions. Laurie Robbins, an Atlanta attorney, has the expertise to handle your medical malpractice case, along with the compassion you and your family need at this difficult time. Contact the office at 404-252-8117 today for a free consultation.