In many cases, a cancer lawsuit is the only way to get the justice and compensation you deserve after a misdiagnosis or medical malpractice.
According to a report published in the National Library of Medicine, missed cancer diagnoses represent almost 50 percent of cases of primary care diagnostic errors – commonly including lung cancer, colorectal cancer, breast cancer, and prostate cancer diagnosis.
A misdiagnosis – or delayed diagnosis – can have profoundly negative implications for a patient’s chances for successful treatment and, in some cases, survival.
If you develop cancer, seeking timely medical treatment is everything in the battle for a positive outcome. This is not to mention the well-being and financial security of the patient’s family. For those facing this seemingly insurmountable situation, the first step is educating yourself on the legal parameters of malpractice.
In this post, we will discuss the five essential points to know and understand before filing a cancer lawsuit due to medical negligence. Let’s get into it.
1. Identifying Medical Negligence in Misdiagnosis Cases
When a healthcare provider doesn’t meet the standard of care expected within their medical field, they more than likely have stepped into medical negligence.
Has your healthcare provider failed to recognize cancer symptoms, order critical tests, or even misinterpret test results?
While this could be an easily reconcilable mistake in any other profession, doctors who treat cancer patients can’t afford the blunder. Errors such as these can literally be the difference between life and death — or at the very least quality of life.
In order to be successful in your cancer lawsuit, several elements need to be established. Firstly (and probably most easily) you must provide proof of a doctor-patient relationship. Then the plaintiff must show where the healthcare provider failed to meet the expected standard of care.
From here, a direct link between the error and the harmful repercussions must be established.
A cancer lawsuit can result in significant payouts, especially in cases where negligence leads to severe injury or a worsened prognosis. You need to recognize (and document) the signs of medical negligence in cancer misdiagnosis if your case is to be successful.
2. The Key to a Strong Lawsuit
Successful treatment is dependent on timeliness, and when a doctor fails to diagnose in the early stages, the cancer may spread. Individuals or family members suffering from cancer – or prolonged symptoms – due to misdiagnoses have legal recourse available to them.
Most cancer lawsuits are built on a “failure to diagnose” premise – because it is a critical lapse in medical standards on behalf of the defendant, as the assessment of symptoms and necessary screenings were neglected.
Delays in diagnosis can be attributed to many reasons, including:
- The misinterpretation of imaging or biopsies
- Ignoring symptoms
- Lack of follow-up on abnormal test results.
Did the failure of your healthcare provider result in a poor prognosis and additional costs?
When the plaintiff concretely establishes that these errors in professional judgment negatively affected the patient’s prognosis, the outcome of a win in a cancer lawsuit is more likely.
3. Who Can Be Held Accountable?
When establishing liability in a cancer lawsuit, more than one party can be at fault for a missed or delayed cancer diagnosis. Other specialists and even whole medical institutions may be held accountable.
Some potential defendants may include:
- Primary Care Doctors
- Radiologists
- Pathologists
- Hospitals or Medical Facilities
- The Manufacturers of Diagnostic Equipment
It’s imperative to understand the range of accountable parties for victims seeking justice and compensation in their fight against cancer negligence. Knowing who is liable in a cancer lawsuit is rarely black and white – and the process of holding parties accountable is a very complex process. If you’re unsure of where to turn, get in touch with a personal injury law firm with experience in cancer lawsuits.
4. Expert Testimony: The Crucial Component
You already know that your healthcare provider made mistakes — but what would have a competent healthcare provider done?
That’s what the court needs to understand.
When experts, such as experienced oncologists or diagnostic specialists, provide testimony and objective insights into the standard of care that the negligent healthcare provider should have followed, it establishes a stark contrast. This aids the court in determining whether the provider’s actions fell below accepted medical practices, ultimately influencing the outcome of the case.
These experts may provide the following:
- The explanation of complex medical procedures and test results.
- A comparison of the defendant’s actions with accepted medical standards.
- Testimony on what could have happened if a timely diagnosis had been implemented.
If you believe you’ve been a victim of medical malpractice, the next step is to speak with a skilled attorney to help you navigate through your cancer lawsuit and pursue the justice you deserve. They will help you build a strong case backed by expert testimony to establish the negligence that led to your suffering.
5. Compensation in Cancer Lawsuits: What to Expect
No sum of money can fully compensate for the physical and emotional pain suffered because of a healthcare provider’s negligence.
However, the increased risk factors of developing cancer will incur all sorts of medical expenses (and other damages) – which should be paid for by the responsible party(s). The purpose of filing a medical malpractice suit for cancer is to address both the financial and non-financial damages inflicted on a victim.
Compensation in a cancer lawsuit generally covers:
- Medical Expenses – Costs related to ongoing treatments, surgeries, medications, and other healthcare needs.
- Lost Wages – For time off work due to illness or additional treatment.
- Pain and Suffering – Recognition of the physical and emotional toll of delayed treatment.
- Loss of Quality of Life – Compensation if the delay in diagnosis has permanently impacted the patient’s ability to live normally.
The compensation you can expect in cancer misdiagnosis cases varies widely. It typically reflects the severity of harm and the type of cancer involved.
On average, cancer lawsuit settlements reach anywhere from $500 thousand to $2.5 million, due to the serious nature of these cases. Courts may also award punitive damages in cases of severe negligence, which serve to penalize the defendant and deter similar conduct in the future.
We understand how a cancer misdiagnosis can completely turn your life upside down.
Exposure to harmful chemicals can increase the risks of various forms of cancer, and those diagnosed have legal recourse available to them. That’s where the compassionate, client-centric representation of Midwest Injury Lawyers comes in.
If you or a loved one has suffered due to a misdiagnosis or delayed cancer diagnosis, don’t face this challenge alone. Contact Midwest Injury Lawyers today for a free consultation. Our practice provides the thorough investigations, expert witness testimonies, and aggressive advocacy needed to get you the justice and compensation owed to you.
Ready to fight for what’s right? Take the first step toward justice in a FREE consultation.