Charles E. Boyk Law Offices, LLC
People rely on healthcare providers to properly diagnose and treat them. When healthcare providers diagnose a medical condition too late or diagnose it incorrectly, the afflicted patient can hold them accountable in civil court.
Although cancer is a potentially deadly disease with many serious side effects, these consequences may diminish if a healthcare provider detects cancer early on. In cases of delayed diagnosis, cancer cells can multiply rapidly, allowing the disease to progress and spread throughout the entire body. In other words, the longer it takes to diagnose cancer, the greater the potential consequences are.
If you believe that a healthcare provider failed to diagnose your cancer or diagnosed it too late, a seasoned medical malpractice attorney could help you take stock of your legal options. Following that, your Fremont cancer misdiagnosis lawyer could review all the pertinent medical records and imaging studies in your case and take legal action as applicable on your behalf.
Although a healthcare provider could potentially misdiagnose any type of cancer, some of the most commonly misdiagnosed cancers include breast, ovarian, lung, prostate, skin, testicular, and colon cancer. Misdiagnoses typically occur when healthcare providers fail to appreciate the warning signs of cancer or fail to order the necessary diagnostic tests.
More specifically, common sources of cancer misdiagnoses include:
When it comes to cancer misdiagnosis cases, healthcare providers must abide by a certain medical standard of care. Specifically, healthcare providers must act as a “reasonable” medical professional would act. Specialists normally conform to a national standard of care.
If an injured patient can show that a healthcare provider failed to diagnose their cancer in a timely manner or misdiagnosed it entirely, they may be able to recover monetary compensation in the form of damages. These damages can include monetary compensation for all related medical treatment, lost wages, and pain and suffering.
If a patient died because of a doctor’s failure to diagnose, the surviving spouse or other surviving relatives may be able to file a wrongful death claim on the decedent’s behalf. Either way, a Fremont cancer misdiagnosis attorney could help the filing party ensure their case is as strong and as thorough as possible.
In order to file a medical malpractice claim or lawsuit, the patient must be sure to comply with all of the pertinent procedural requirements. These requirements are in place to safeguard against frivolous malpractice claims and ever-increasing health insurance rates.
When an injured patient—or a Fremont cancer misdiagnosis lawyer working on their behalf—files a complaint for malpractice against a healthcare provider, an affidavit of merit must accompany this complaint. A qualified expert must sign the affidavit of merit, testifying that malpractice likely occurred.
If the injured patient fails to file an affidavit of merit along with their complaint, the complaint becomes subject to dismissal.
If you suspect that your medical condition worsened because of a missed or delayed cancer diagnosis, you may be entitled to monetary compensation under the law. In order to recover damages, however, you must be able to prove malpractice on the part of the healthcare provider.
Moreover, you must have sustained injuries or your condition must have worsened due to the misdiagnosis.
A Fremont cancer misdiagnosis lawyer could help you file suit efficiently and effectively. To learn more about your potential options, call today to schedule a consultation.
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