More than 80,000 cases of misdiagnosis each year result in injury, disability, or even death. At least one-third of such cases relate to cancer.
While progress has been made in treating certain types of cancers, at times doctors can still make a wrong diagnosis. This can be a very devastating experience causing fear, anxiety, and contemplating the worst.
If you’ve had a cancer misdiagnosis that’s caused your health serious harm, you might have a case of medical malpractice. If so, you could receive compensation.
Want to know when it’s right for you to get in touch with a cancer misdiagnosis lawyer? Read on to find out when one might be right for you.
What are the Most Commonly Misdiagnosed Cancers?
First, it’s important to understand which cancers are most often misdiagnosed. That way, if you’re misrepresented as having any of them, it could be worth getting a second opinion.
Some of the most commonly misdiagnosed cancers are:
- Breast cancer
- Colorectal cancer
- Bladder cancer
- Melanoma
- Lymphoma
- Ovarian cancer
- Prostate cancer
- Sarcoma
- Lung cancer
There are numerous instances where misjudging a health issue can result in a cancer misdiagnosis. For example, you might be relieved to find that breathing problems or digestive distress aren’t in fact due to cancer as originally believed, but are actually due to a condition that’s much less severe.
What Can Lead to Cancer Misdiagnosis?
Unfortunately, cancer can be wrongly spotted for several reasons. While doctors believe that it’s uncommonly misdiagnosed, that’s not actually the case – it happens a lot more often than they think!
Cancer misdiagnosis can result from the following:
- Misinterpretation of symptoms
- Failure to complete medical assessments correctly
- Disregard for other possible reasons for symptoms
- Taking incorrect readings from diagnostic results
- Not consulting with a more specialized physician
- Ordering the wrong diagnostic test
Seeking assistance from a cancer misdiagnosis lawyer is best advised if you’ve received a misdiagnosis. Before you do, however, there’s some important information you should be aware of so that you can know if you might have a chance of a fighting case.
What Should You Consider Before Seeing a Cancer Misdiagnosis Lawyer?
While a lawyer won’t always be able to provide support for cancer misdiagnosis, there are many cases where they will. Understanding beforehand what some of the key factors are that allow you to have a case will help you decide whether hiring an attorney is the right move for you.
For you to have a lawsuit, there are several medical matters to take into account first. Here are some of the main ones that you should consider before filing your case:
- A specialized doctor must give evidence that medical malpractice has occurred
- The physician hasn’t followed the standard of care practices appropriately
- Compensation you might be able to receive
- The chance of winning is in your favor
- Who was at fault for you being wrongly diagnosed
As you can see, the case isn’t as simple as you being solely misdiagnosed. There are several factors involved in helping uncover if you’re a candidate for legal representation, your chance of a successful lawsuit, and the level of compensation you may receive.
Let’s look at each point in more detail.
Evidence of Medical Malpractice
For you to have a fighting case, medical malpractice needs to be proven.
A specialized doctor should declare that you’ve suffered harm that relates to your misdiagnosis and document any subsequent treatment you’ve received as a result.
Failure to Uphold the Standard of Care
Standard of care is the term used in medical practice that means that a patient has received the appropriate treatment for their disease or condition. If the trained medical staff fails to follow the standard of care practices correctly, legal action may be just.
Physicians and healthcare practitioners have a responsibility to their patients for receiving the right treatment and care that they deserve. When they breach this or it’s followed incorrectly due to mistakes, such as in the case of cancer misdiagnosis, the standard of care isn’t met.
Proof That You’ve Suffered Due to Misdiagnosis
Is there evidence that you’ve become injured or ill due to misdiagnosis? Then it’s time to seek help from a specialized lawyer. Here are some instances where compensation may be due:
- Having to face surgery that you didn’t need
- Your earnings dropped due to time off work
- Your condition has gotten worse due to receiving incorrect treatment
Documents and medical records can serve as proof that you’ve been maltreated.
Compensation Entitlement
A cancer misdiagnosis lawyer can help to organize all documents and details relevant to your case appropriately. This helps to work out the level of compensation you may receive when fighting for your cancer misdiagnosis settlement.
Compensation is often limited, in some cases at least. For example, in Hawaii compensation as a result of medical negligence usually won’t exceed $375,000. This is important to know so that you have an idea of what you may be entitled to, depending on the severity of your case.
Your Chance of a Winning Case
If you have adequate proof of a misdiagnosis, then you may be on your way to a winning case. If you don’t, however, you may not have sufficient grounds to stand on and the case might not succeed at trial.
If you have the right documents in place, then you should consult with the best cancer misdiagnosis lawyer you can find. At Cummings Law, we’ve successfully helped our clients recover more than $29 million in the last few years.
The Person at Fault for Malpractice
Who was at fault for the malpractice is relevant to your case? This helps your attorney in structuring your case and filing it appropriately to charge the right person or department.
Whether it’s your doctor, the person who carried out your diagnosis, or someone who interpreted the results wrongly, we need to know this to present your case correctly. Again, your records will come in handy here.
Choose Your Trusted Cancer Misdiagnosis Lawyer Right Here
Have you had a cancer misdiagnosis? Are you suffering any illness or harm as a result? Then it’s best to seek help from a cancer misdiagnosis lawyer.
With more than 20 years of experience dealing with medical malpractice, you’re in great hands with us. Call us today and book your consultation! We’re ready to help you get the compensation you deserve.
