When a Cancer Misdiagnosis Leads to a Medical Malpractice Claim

March 6, 2012
By on March 6, 2012 12:10 PM |

A cancer misdiagnosis or the failure to diagnose cancer can lead to devastating results. Early detection for most types of cancer can save lives. If there is an unnecessary and preventable delay, the consequences could be fatal. To learn if you have a legitimate claim worth pursuing, you should consult with a Cuyahoga County medical malpractice attorney.

A Doctor's Negligence in a Failure to Diagnose or a Cancer Misdiagnosis

Medical malpractice in the form of incorrectly diagnosing a patient or missing the signs of a medical condition is more common than you might think. Not every situation like this will result in the ability to pursue a claim against the doctor. It will depend on whether or not the doctor was negligent.

Negligence may be established if you can prove that the doctor owed a duty of care to you and that it was breached, resulting in serious injuries. A breach in a doctor's duty of care can include not recognizing obvious symptoms or not taking symptoms into account when determining the diagnosis.

Doctors are sometimes in a rush to get through patients, so they may not pay careful attention to the symptoms and signs that a patient complains about. Or they can assume symptoms are caused by a mild health problem, without ruling out the possibility of a more serious medical condition.

For instance, a patient who comes in and complains of a cough that has persisted for several weeks may be told by the doctor that it's related to the cold or allergy season. If the doctor fails to perform a chest x-ray, he or she may miss a suspicious spot that may be cancer and consequently face a medical malpractice claim.

Other types of negligence may be a failure to order tests, to read the results correctly or to follow up on the results. In some cases, there may be another medical professional who is liable, such as a pathologist or a radiologist in Cuyahoga County or surrounding areas.

Negligence of any nature could lead to the cancer spreading or progressing when it could have been stopped. Treatment that is not administered in a timely manner could mean the difference between life and death.

Damages Resulting from a Cancer Misdiagnosis in Cuyahoga County

You could be eligible to recover damages related to your misdiagnosis. This may include current and future medical bills, current and future lost wages, pain and suffering, wrongful death, and more.

Damages may be available that address your financial, physical and emotional losses. The best way to learn what you may be entitled to receive is to speak with a medical malpractice attorney in Cuyahoga County who has experience handling these types of cases.

Proving that a doctor was liable for your injuries can be challenging. The process of pursuing a medical malpractice case is lengthy and complicated. However, you have the right to seek damages when you were the victim of medical negligence.

You may have been a patient at a large medical facility such as the Metro Health System or a smaller clinic such as Neighborhood Family Practice. No matter where you were seen, if a cancer misdiagnosis resulted in devastating consequences, your next step should be to seek counsel from a medical malpractice attorney in Cuyahoga County: 1-877-863-6219.