Home | Legal Services | Other Areas Of Law

Misdiagnosis of cancer and medical malpractice

Misdiagnosing cancer – more specifically, missing the diagnosis altogether – is one of the more common reasons people consider a medical malpractice lawsuit.

Many of these cases are not worth pursuing. Not because they are insignificant – medical mistakes about such a serious disease are not to be taken lightly. What I mean is that they are tough to prove and therefore tend to be turned down by medical malpractice attorneys.

You not only have to prove that the doctor was negligent in missing the diagnosis, but that their mistake or negligence caused you harm. In other words, did the delayed diagnosis make a difference in terms of your health? If it diminished your chances of survival, then that is a pretty definite injury, and maybe worth a lawsuit.
Let’s say you went to the doctor with symptoms, and the doctor thought you had a virus and sent you home. A month or two later you still have the symptoms and return to the doctor. This time they find out that cancer is causing your symptoms and not a virus. In this case, the misdiagnosis probably didn’t make a significant enough of a difference in terms of the ability to treat the cancer. Again, it’s a serious situation but probably not a lawsuit.

However, let’s say a year goes by before the doctor realizes that you have cancer. The disease may have advanced significantly in that time. In this situation, you are more likely to have a medical malpractice case that is worth pursuing.
These are just generic examples. Each case is very different and depends on the person’s health, age, type of cancer, the amount of time that passed before it was caught, etc. There are medical malpractice attorneys who have a lot of experience in cases of misdiagnosed cancer. They usually offer a free consultation so you can find out more. If they think your case may be worth pursuing, they’ll have your records reviewed by a medical expert and go from there.

There is the occasional case where someone is diagnosed with cancer and it later turns out to have been a mistake, and they are completely healthy. While you have every right to be angry at such a terrible mistake – one that no doubt altered your life – it’s not a good case for malpractice. Even if the doctor was negligent in diagnosing you with cancer, technically you haven’t suffered a significant and permanent injury as a result.

To learn more visit, Misdiagnosing cancer

Article Source: http://www.bizymoms.com/expert-advice

About the author: Michael Helfand has been an Illinois attorney since 1997 and is founder of www.findgreatlawyers.com/Illinois-Medical-Malpractice-Lawyers.htm "target="_blank">Misdiagnosing cancer the leading resource for Illinois lawyer referrals and legal guidance.

Please Rate this Article
 
Not yet Rated
Click the XML Icon Above to Receive Other Areas of Law Articles Via RSS!

Powered by Article Dashboard

The file /home2/bizymoms/public_html/expert-advice/article.php is corrupted.