The term cancer alone is enough to send shivers down your spine. You become desperate to win this war the minute you are diagnosed with this horrible cancer, and here you are- attending those excruciating chemo sessions, with the emotional roller coaster that the disease has put you through.
Imagine, going through this hell, following the restrictions, only to realise, that you were not a patient all these months, and that you were misdiagnosed. Your woes and agony at this point is normal, and your hunger for justice is indeed rational. Hence, cancer misdiagnosis is considered to be medical malpractice, and this blog discusses this in detail. Getting in touch with reputed lawyers through sites like jjsjustice.com/national/birth-injury-lawyers is the first thing that should be done.
Misdiagnosis can be explained by one simple fact: you were incorrectly diagnosed with the ailment in question. This typically occurs when a clinician incorrectly assesses your health condition or fails to recognize your health difficulties. When doctors mix up benign and malignant illnesses, they may recommend unneeded treatment.
It is also possible for doctors to misdiagnose a tumor as benign when it is actually dangerous, causing cancer to metastasis and, in certain situations, necessitating harsh therapy. Doctors can misinterpret radiological or lab results and miss cancer. So you wait for years until you start feeling bad, only to discover that you have advanced cancer.
Cancers which are often misdiagnosed
Be it common misleading symptoms or some tumors going unnoticed, the top misdiagnosed cancers include:
- Breast cancer
- Colon cancer
- Lung cancer
- Skin cancers
Cancer misdiagnosis case essentials:
When suing for medical negligence, it is the plaintiff’s responsibility to prove that the defendant is guilty of the claims made, just as with any medical negligence lawsuit. In order to do so, the plaintiff must prove that the defendant is guilty of the claims made by the plaintiff.
Points that the plaintiff must prove:
1. The connection of the doctor with the patient concerned:
Initially, the plaintiff must prove that a doctor-patient relationship exists if the defendant is a doctor. Doctors and patients are legally responsible for providing a certain level of care when a physician-patient relationship is established. When the doctor and patient have an agreement, the doctor is “hired” by the patient. In cases of cancer misdiagnosis where the defendant is not a doctor, the plaintiff’s case may not be legally standing if a doctor-patient relationship has not been established
It is imperative that the plaintiff prove that the doctor acted negligently while treating the patient. Medical negligence refers to the lack of proper care or attention given to a patient. To determine if the doctor met the industry’s standards of care in order to prove negligence, his or her actions will be examined. All patients should reasonably expect to receive a certain level of care as a standard of care. The physician’s abilities are typically evaluated by comparing their actions with those of another physician with similar skills, knowledge, and expertise.
3. Injury and damages to the patient concerned:
It is important for a plaintiff to prove that the negligent action caused the patient harm once the doctor’s negligence has been established. To be eligible for legal damages, a patient’s harm must meet certain conditions. Damages can be classified into economic, general, and punitory.
Proving the case:
The case would stand if:
• While there were certain symptoms that would have led a similar doctor to order cancer testing, the doctor failed to identify them.
• A similar doctor would have ordered cancer testing if certain symptoms had existed.
• Cancer testing was not performed according to the correct protocol or procedure, resulting in errors in the test results.
• Due to laboratory recommendations to conduct additional tests following a test, such as a tissue sample biopsy, the doctor ignored these recommendations.
• A tissue biopsy failed to reveal abnormal cell activity, for example abnormal growth patterns or tumour growth in the body.
If you win, the compensations received are in the form of:
• Cover for medical care charges such as treatment bills, oncologist fees, and radiology expenses (x-rays and CT scans), even if doctors mistakenly assigned them.
• If you have lost your job because of a misdiagnosis, or if you have been disabled as a result of the experience, your earning capacity will be diminished.
8 Pain and suffering resulting from excessive or unnecessary treatments, including mental anguish.
An experienced cancer misdiagnosis lawyer is the best person to consult with if a patient wishes to file a cancer misdiagnosis lawsuit. An adept cancer misdiagnosis lawyer can help determine whether the patient has a case by gathering preliminary information about the incident and conducting medical and legal research needed.
A cancer misdiagnosis lawyer can help you navigate these laws and apply them when necessary, as certain medical negligence laws may affect the patient’s ability to file a lawsuit. As soon as a lawsuit is filed, a cancer misdiagnosis lawyer can provide legitimate guidance and support throughout the entire legal process.