Cancer Malpractice: Determining If You Have a Case

Cancer is among the leading killer disease in the United States. Every year, the disease claims over 600,000 people in the country. Fortunately, the disease is curable and the survival rate is high if diagnosis and treatment are timely done.

What does this mean? The survival rate is higher when the right diagnosis is made early, and the correct treatment method is applied.

But do you know that cancer misdiagnosis victims have legal redress? Yes, you can file medical negligence or a medical malpractice lawsuit against the doctor or another medical staff responsible for the misdiagnosis.

It’s worth noting that cancer misdiagnosis case is complex and time-consuming. When a patient or their family feels that medical negligence was the cause of their cancer misdiagnosis, they should seek the assistance of a Rochester cancer malpractice attorney. The lawyer will review the facts, and advise whether the case is tenable or not.

What Are the Cancer Malpractice Case Elements?

In a cancer malpractice case, the person pursuing the negligence case is known as the plaintiff. The doctor or medical staff defending themselves against these allegations are known as defendants.

Like other medical negligence lawsuits, the plaintiff holds the burden of proof in cancer malpractice cases. Therefore, the plaintiff must provide sufficient evidence to prove their claims. For this to happen, the plaintiff must prove basic elements that establish a cancer negligence lawsuit.

In simple terms, the plaintiff must prove that:

• A doctor-patient relationship existed.
• The doctor was negligent, leading to cancer misdiagnosis
• The negligent actions of the doctor caused harm to the patient
• The harm resulted in specific damages to the patient.
• The Doctor-Patient Relationship

Yes, the defendant must be a doctor. Further, the patient must prove the existence of a doctor-patient relationship. What does this mean?

It means that the patient hired a doctor through an agreement by the two parties. Once this relationship is established, the doctor accepts the legal responsibility of providing the patient with a standard of care.

Therefore, a cancer malpractice case cannot stand where a doctor-patient relationship doesn’t exist. The same applies if the defendant isn’t a doctor.

• The Doctor Negligence

The patient must demonstrate that the doctor acted negligently during the treatment process. But what comprises medical negligence?

It means a lack of proper care or carelessness towards a patient. To prove negligence, the doctor’s action will be examined to determine whether they met the industry’s standard of care.

The standard of care is assessed by comparing the actions of the defendant with those of another doctor with similar knowledge, specialization, and skill.

• The Patient Injury and Damages

Yes, the plaintiff has established the negligent actions of the doctor. But that’s not enough. He or she must also link this negligence action with their harm or injuries.

The damages may include:

• Future medical bills
• Lost income due to missed work
• Disability
• Physical pain and emotional suffering
• Loss of consortium
• Loss of quality of life

How to Prove Cancer Malpractice?

In a cancer malpractice case, the plaintiff must prove that the misdiagnosis occurred due to the negligence of the medical doctor. This is an important step as it can occur despite the competency, knowledge, and experience of the treating doctor. Therefore, proving that negligence by the doctor led to misdiagnosis is a complex and difficult process.

The possible causes of cancer misdiagnosis are:

• The doctor fails to identify apparent symptoms that a similar doctor would identify
• The doctor fails to undertake cancer testing despite the presence of cancer symptoms that a similar doctor would order for cancer testing
• The doctor fails to use the correct procedure in the testing process leading to wrong conclusions
• The doctor fails to heed to call for by laboratory team to undertake additional tests

Hiring A Cancer Malpractice Attorney

The cancer treatment process is very engaging. It’d be impossible to follow up on the case while getting your treatment. For this, you need to hire a cancer malpractice lawyer.

The medical malpractice law seeks to ensure that all patients get competent medical care. This includes an accurate assessment and diagnosis of their problems, allowing for the correct treatment procedure depending on the patient’s condition. If the doctors fail to do this, patients or their families can sue them for damages emanating from their action or inaction.