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Cancer Misdiagnosis Malpractice

Doctor speaking to patient

Cancer Misdiagnosis Malpractice

A cancer diagnosis can be complex and time-consuming. A doctor’s failure to properly diagnose cancer may give rise to a viable medical malpractice case. When patients believe that medical negligence was the cause of their cancer misdiagnosis, the patients and their families should seek the legal assistance of a cancer misdiagnosis lawyer. A cancer misdiagnosis lawyer can review the case’s facts, file a medical malpractice lawsuit, and follow-through with the legal process.

Cancer Misdiagnosis Case Elements

As with any medical malpractice lawsuit, the party claiming malpractice occurred is required to prove a cancer misdiagnosis. This means that the plaintiff is responsible for providing sufficient evidence that the defendant failed to properly diagnose cancer. In order to do this, the plaintiff must prove some basic elements that establish a medical negligence lawsuit. For instance:

  • There was a “doctor-patient” relationship
  • The doctor acted negligently, which led to a cancer misdiagnosis
  • The doctor’s neglectful cancer misdiagnosis caused harm to the patient
  • The patient’s cancer misdiagnosis harm resulted in damages that affected them and/or their loved ones

So what do each of these terms mean? We’re happy to explain:

Doctor-Patient Relationship

Just because a person walks into a doctor’s office does not mean there was an established Doctor-Patient relationship. Additionally, even if a person was seen by a physician in the past, doesn’t mean that they still have an ongoing relationship. It is important to establish that this person was an ongoing and current client of the physician who made the incorrect diagnosis.

Doctor Negligence

It must be shown that the doctor could and should have made the proper diagnosis given the information and test results they had. Proving this usually takes the work of experts in the field who can see the right diagnosis. You’re lawyer will hire these experts and show that the standard of care that you should have expected wasn’t met.

Patient Injury and Damages

Once it has been established that your doctor was negligent and that you had an ongoing doctor-patient relationship, your lawyer will also need to show that you were materially harmed. This means that there were damages that can be classified in one of the following ways. As economic, non-economic, and/or punitive.

Damages May Include:

  • Lost wages due to missed work
  • Lost earning capacity due to disability
  • Pain and suffering
  • Additional medical bills, past and present
  • Loss of quality or enjoyment of life
  • Loss of consortium, or loss of companionship

Proving a Cancer Misdiagnosis

When a medical malpractice lawsuit for cancer misdiagnosis is filed, the plaintiff and their attorney must be able to prove that that negligence occurred. This important step in the legal process is achieved by proving the doctor failed to do one of the following:

  • Failed to identify symptoms that were reasonably apparent and should have lead to follow-up testing
  • Did not use proper protocols and procedures when conducting cancer testing which leads to errors in test results
  • Failed to order appropriate testing despite the presence of symptoms that would lead another doctor to order them.
  • Disregarded lab recommendations to conduct additional tests based on results
  • The testing laboratory failed to identify or analyze abnormal cell activity, such as abnormal growths in tissue biopsies

Hiring the Right Malpractice Lawyer

If you or a loved one were misdiagnosed by their oncologist or another physician, then the attorneys of The McMillen Law Firm are here to assist you. We have over 30 years of experience in handling medical malpractice cases. We know what it takes to discover the truth behind the results you received and how you should proceed. Contact us today.


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