Does a Cancer Misdiagnosis Qualify as Medical Malpractice?

Discovering you were the victim of a cancer misdiagnosis can lead to a flood of emotions. Cancer misdiagnosis can take a few different forms. What they all usually have in common is that the medical professional you trusted failed you.

When a cancer misdiagnosis has a negative impact on your health or causes you to incur unnecessary medical costs, a cancer misdiagnosis lawyer may be able to help you recover medical malpractice compensation.

Understanding Medical Malpractice and Cancer Misdiagnosis

Personal injury law gives you the opportunity to recover compensation when someone’s negligence causes you harm. In any area of personal injury law, you prove negligence by showing that someone owed you a duty of care and violated that duty. You also need to show, with proof, that the other person’s actions caused harm.

When the negligent person is a medical professional, and you were harmed because they failed to do their job correctly, the type of injury case is called a medical malpractice claim.

Medical malpractice is one of the most complicated types of personal injury claims because you need to be able to prove that the doctor’s actions didn’t meet the professional standard of care.

Some of the most common kinds of medical malpractice include surgical errors, medication errors, and diagnosis errors. Cancer misdiagnosis is one of the most common types of diagnosis errors.

If you can show that your health or finances suffered as a result of the cancer misdiagnosis, a medical malpractice lawyer may be able to help you recover compensation.

Types of Cancer Misdiagnosis

There are three specific types of cancer misdiagnosis. Each involves a different outcome for the patient. Understanding the three types can help you identify which form of cancer misdiagnosis you were a victim of.

False Positives

A false positive is when a doctor diagnoses you with cancer when you don’t actually have cancer. A cancer diagnosis can be a source of great emotional turmoil and financial strife. It’s something no one should ever have to experience if they don’t actually have cancer.

The level of damage to a patient’s finances and physical health usually depends on how long it takes for someone to recognize that the diagnosis of cancer was incorrect.

A patient who immediately seeks out a second opinion likely won’t suffer substantial harm. On the other hand, a patient who trusts their doctor and undergoes months of chemotherapy treatment would likely experience a significant adverse impact on their health, not to mention the considerable costs of an unnecessary treatment.

False Negatives

With a false negative, a doctor fails to read your test results accurately. As a result, they tell you that you don’t have cancer. You may hear that you don’t have any identifiable condition at all. You might also be falsely diagnosed with some other medical condition and undergo treatment for an illness you don’t have.

False negatives can be just as harmful as false positives. When cancer isn’t promptly diagnosed, the patient doesn’t get the treatment they need. This allows the cancer to grow or continue spreading, which can lead to a serious and potentially fatal outcome.

Delayed Diagnosis

Delayed diagnosis means that a doctor failed to diagnose cancer in a timely manner. This usually involves a failure to run appropriate tests or dismissing a patient’s symptoms. When a doctor fails to take appropriate steps to diagnose cancer in a timely manner, the patient’s condition grows worse.

In the long term, this can mean the patient’s health suffers, and they may end up incurring higher treatment costs than would have been necessary if the diagnosis hadn’t been delayed.

Common Reasons for Cancer Misdiagnosis

Exactly how a cancer misdiagnosis comes about can occur in different ways. Diagnostic errors and lab errors are two leading reasons. A doctor may misread the results of the test, or issues with how the tests were conducted can lead to inaccurate results.

Communication errors can also be a factor in cancer misdiagnosis. A patient may not communicate their symptoms to a doctor, or there might be miscommunication between different healthcare providers.

The Role of an Experienced Malpractice Attorney

Medical malpractice is a highly complex type of personal injury case. You need a skilled lawyer to collect evidence and prove that the doctor is guilty of professional negligence. In cases involving cancer misdiagnosis, it’s best to work with an attorney who has a long track record of handling this type of case.

Experience is invaluable when it comes to knowing how to successfully prove medical malpractice and identify a fair case value. As your attorney works on your case, they may:

• Collect evidence
• Obtain medical expert witness testimony
• Identify case value
• File a medical malpractice claim
• File a cancer misdiagnosis lawsuit
• Negotiate a settlement

Your cancer misdiagnosis lawyer may be able to successfully negotiate a settlement. If this doesn't work, it may be necessary to file a lawsuit and take the case to court for a verdict.

FAQ

How Much Compensation Can I Recover for Cancer Misdiagnosis?

Medical malpractice compensation is always for a unique amount. You can learn more about your case value during a free consultation with a cancer misdiagnosis lawyer.

How Long Do I Have to Contact a Medical Malpractice Lawyer?

You should call a lawyer as soon as you learn you’ve been misdiagnosed. If you need to file a lawsuit in Ohio, you have only one year from the date you discover the misdiagnosis.

How Much Does a Cancer Misdiagnosis Lawyer Charge?

Most cancer misdiagnosis lawyers offer contingency agreements. This means you don’t have to pay until your lawyer wins your case.

Call a Cancer Misdiagnosis Lawyer Today

No one should have to go through the ordeal of experiencing a cancer misdiagnosis. If you’ve been put in this situation, you may be able to recover compensation to reimburse you for the financial costs, emotional impact, and harm to your health.

The Moore Law Firm is an award-winning personal injury law firm located in Cincinnati, Ohio. Contact us today to schedule a free consultation with one of our skilled cancer misdiagnosis lawyers.