A cancer diagnosis can be life-changing. Nobody wants to wake up and hear that they do not have enough time to live or that they have a life-threatening disease. The good thing about cancer is that many of the cases are treatable when diagnosed at an early age. As cancer progresses and spreads to different parts of your body, it becomes more dangerous.
That being said, a delayed cancer diagnosis can be fatal. A delayed diagnosis happens when your doctor tells you that you do not have cancer or its symptoms, but you do. If the cancer progresses and affects your health, the doctor and hospital may be liable. Talk to Syracuse Delayed Cancer diagnosis lawyers today.
How does a cancer misdiagnosis happen?
A cancer misdiagnosis can happen for a number of reasons in various scenarios.
- A person may be diagnosed with cancer at a hospital and start their treatment, only to discover later that they did not have cancer in the first place.
- A delay in cancer diagnosis is a common scenario. This happens when someone has reasons to believe they have cancer (maybe due to symptoms or family history), but the doctor disregards their symptoms and does not conduct the necessary exams.
With cancer being a progressive disease, the earlier you receive a diagnosis, the better and quicker treatment you can get. Delayed cancer diagnosis can affect the progression of the disease, and this progression can be considered medical malpractice.
What do you need to prove a delayed cancer diagnosis?
To build a successful medical malpractice case, you must have sufficient evidence and prove several elements. They are as follows:
- The defendant owed you a duty of care according to the doctor-patient relationship.
- The defendant or medical professional failed to provide you with the standard of care that another medical professional would have provided if they were in their place.
- This failure to provide standard care or breach of duty resulted in your delayed diagnosis or misdiagnosis.
- That delayed cancer has caused substantial damage and harm to you, particularly the spreading of the cancer.
With the help of an experienced medical malpractice attorney, you may be able to prove each of these elements and build a strong medical malpractice case. An attorney can tell you if you have a case and the types of damages you are entitled to.
Claims for damages caused after a delayed cancer diagnosis can be particularly complex. Taking on a legal case of such nature alone is not recommended. Hire an attorney today.