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Medical Malpractice Claims Based on Failure to Diagnose Cancer

Posted on in Medical Malpractice

OL malpractice lawyerAlmost every life has been touched by cancer in some way. Breast cancer, lung cancer, prostate cancer, colon cancer, lymphoma, and other types of cancer kill hundreds of thousands of Americans each year. Fortunately, advances in the diagnosis and treatment of cancer have reduced the number of people who die from the disease. The American Cancer Institute estimates that there will be 22.2 million cancer survivors by the year 2030. However, a cancer sufferer cannot start potentially life-saving treatment until he or she receives a diagnosis. When a medical professional fails to diagnose cancer, the victim or the victim’s surviving loved ones may bring a medical malpractice claim against the negligent medical professional.

When is a Medical Professional Considered Negligent?

Failure to diagnose cancer can lead to unnecessary suffering, massive medical debt, and even an avoidable patient death. If a doctor or other medical professional fails to diagnose cancer, this may be an example of medical negligence. The cancer sufferer or the surviving loved ones may bring a medical malpractice claim against the medical professional.

Medical malpractice occurs when:

  • An established doctor-patient relationship exists
  • A doctor or other medical professional deviates from the accepted standard of care
  • This deviation leads to a patient’s injury or death
  • The patient suffers damages as a result of the injury or death
  • Examples of situations that may result in failure to diagnose cancer include:
  • Failure to order the appropriate diagnostic tests such as a CT scan, PET scan, MRI, blood test, or biopsy
  • Misinterpretation of test results
  • Misdiagnosing cancer as another type of illness
  • Misclassifying the cancer as the wrong type of cancer

Damages in a Failure to Diagnose Cancer Case

A patient who is a victim of medical malpractice may be entitled to compensation for damages. Damages in a failure to diagnose cancer case often include medical expenses, lost income, reduced earning capacity, pain and suffering, and lost enjoyment of life. If a patient dies because of failure to diagnose cancer, the patient’s loved ones may bring a wrongful death claim against the negligent medical provider. They may receive compensation for the loss of the deceased patient’s wages, medical expenses, funeral and burial costs, loss of consortium, and more.

Contact a Lake County Misdiagnosis Lawyer

If you or a loved one were the victim of failure to diagnose cancer, you may be able to hold the negligent medical provider answerable and recover compensation for damages. A Waukegan medical malpractice lawyer can help you understand your legal rights and bring a strong medical malpractice claim. Call 847-662-3303 for a free consultation.

 

Source:

https://www.cancer.gov/about-cancer/understanding/statistics

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