Cancer Litigation

When a delayed diagnosis or misdiagnosis has made your cancer battle more difficult, you may have the right to pursue a claim for compensation. Cancer litigation is a type of civil legal action that falls under the category of medical malpractice. Like other types of medical malpractice litigation, cancer litigation claims hinge on concepts like negligence, the medical standard of care, and evidence of damages.

Cancer Misdiagnosis Victims

It is difficult to say just how many patients become victims of cancer misdiagnosis and delayed diagnosis, though research suggests that the delay could cost tens of thousands of lives every year. What is certain is that many of these victims and their families never get justice.

Cancer misdiagnosis victims may suffer a great deal due to their doctors’ failure to diagnose the condition promptly. The treatments needed to shrink and remove late-stage cancers can be much more painful and damaging than those effective at treating early-stage cancers. A long enough delay in diagnosis and treatment can mean that a highly treatable early-stage condition can deteriorate, reaching a stage where survival rates drop sharply.

Do You Have a Case?

Cancer diagnosis cases are complex. Each claim is unique, and the specific facts of what the doctor did and how the delay affected your family can matter a great deal in determining whether or not your family has a case.

Typically, a successful delayed cancer diagnosis case includes:

  • A medical professional who acted negligently, causing the cancer to go undiagnosed and untreated
  • A delay that made a difference in the severity of the condition, the scope of treatment necessary, or the likelihood of survival

Your doctor’s medical negligence can take several forms. A doctor may fail to diagnose the condition entirely or may misdiagnose the medical concerns as a different condition. Sometimes a physician may fail to recognize possible cancer symptoms for what they are and neglect to order or recommend appropriate screening.

Other times, a medical provider will administer diagnostic tests incorrectly or interpret the results of those tests inaccurately. There have been cases, even, in which a medical provider knew about the existence of cancer from diagnostic test results but failed to inform the patient so he or she could seek appropriate medical care.

Damages and Compensation

When you pursue a cancer misdiagnosis lawsuit, you’re seeking financial compensation for all of the damages, or losses, that you have suffered.

If a delayed cancer diagnosis allows the condition to worsen to the point that more extensive treatment is necessary, the patient can seek compensation for damages like the additional medical expenses that result and lost wages that stem from any extra time missed at work.

The families of cancer patients who have lost their lives due to a delayed diagnosis may be able to pursue a wrongful death claim. A wrongful death claim can include compensation for economic damages, like the loss of an earner’s future wages, as well as the non-economic losses, like the loss of companionship.

Cancer Misdiagnosis Lawyers

If you’re wondering whether your delayed cancer diagnosis could be the grounds for a cancer litigation medical malpractice claim, you should speak with a cancer misdiagnosis lawyer. Having a legal professional thoroughly evaluate your situation is the only reliable way you can find out if you have a delayed diagnosis claim to pursue.

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