When Cancer Misdiagnosis Does Qualifies As a Malpractice

The best way to beat a disease like cancer is to diagnose it in its earliest stages, as this is the time when the treatment can be most effective. However, sometimes it may so happen that the doctor makes a mistake in the diagnosis, which delays the treatment and allows the disease to advance to a stage where treatments may no longer be helpful. If such a thing happens, you have the right to file a case and receive compensation for all your losses. But, not every mistake qualifies as a lawsuit and you have to tick certain boxes to confirm that you actually have a case. Medical malpractices have many forms, and it can be difficult to prove that due to the negligence of certain professionals, your condition or illness worsened. While there are some fairly good indicators, a wrongful cancer diagnosis attorney can help you properly identify whether you have a case or not.

Types of Cancer Misdiagnosis:

Cancer misdiagnosis is a common problem all over the US. Generally, there are three main types of a cancer misdiagnosis:

·         Failure Diagnose: This occurs when the doctor does not diagnose a cancer patient. Failing to diagnose a patient’s cancer in its early stages could eliminate certain treatment options and make it difficult, if not impossible to stop the progress of the disease.

·         Incorrect Diagnosis: This occurs when the doctor diagnoses a patient with a different type of cancer. The wrong diagnosis not only results in the person’s wrong treatment, but it delays the treatment of their actual cancer.

·         A “False Positive” Diagnosis: This occurs when a doctor diagnoses a patient as having cancer when in reality they don’t. Such patients may undergo dangerous and potentially life-threatening cancer treatments such as surgery or chemotherapy, only to find out they never had cancer in the first place.

When Does Cancer Misdiagnosis Qualify as a Malpractice?

Doctors have a legal duty to provide their patients with a certain level of professional care. This includes taking all the necessary steps to correctly diagnose and treat a patient’s condition. When a doctor fails to do these and the patient suffers from physical or economic damages, the doctor could be held liable under medical malpractice. With the help of an experienced wrongful cancer diagnosis attorney, you can file a lawsuit and get the deserved compensation for all your losses.

A cancer misdiagnosis can qualify for the level of medical malpractice if the doctor failed to:

·         Recognize the apparent symptoms of cancer

·         Order appropriate tests and screening for the cancer

·         Conduct follow-up tests based on the results of the original test

·         Take into account the medical history of the patient during the diagnosis

·         Follow appropriate protocols during cancer testing that resulted in errors in the test results

Another important thing to note is that doctors aren’t the only ones that can be held guilty of malpractice. Negligence can also come from lab analysts, medical technicians, and other professionals involved. A good wrongful cancer diagnosis attorney can help you identify if you have enough reason to file a case or not.