If you or a loved one has been recently diagnosed with cancer, and you believe that a doctor failed to detect an ailment that led to the diagnosis, you may have a viable medical malpractice case. When you trust medical professionals to be diligent with your care, they have a duty to keep you reasonably safe from harm.
In this blog post, we will discuss the elements that are required to make a medical malpractice case, and why, as a cancer patient, you may have a strong case against your doctor. Keep reading for more information.
The Element of Negligence is Necessary in a Medical Malpractice Case
To make a viable medical malpractice case, you will need to prove that your doctor was negligent in some way. This means they did not provide the standard of care that a reasonable doctor would have provided under the same or similar circumstances. If you can prove this, then you will need to show that their negligence caused your injury and suffering.
A Cancer Diagnosis May be the Result of a Medical Error
After receiving a cancer diagnosis, you may consider how it could have happened to you and how the warning signs may have been missed when you visited the doctor beforehand. These are reasonable considerations for you to have. If you want to take legal action against your doctor, you will need to be able to prove that they were negligent and that their negligence led to your cancer diagnosis.
You may be able to hold your doctor accountable for failing to detect an ailment that caused your cancer. For example, if your doctor failed to order the appropriate tests, or if they misread test results, you may have a case.
Further, if your doctor failed to refer you to a specialist when they should have, or if they delayed in making a diagnosis, you may also have a case.
Some of the most common ailments that are often missed by physicians and can lead to a cancer diagnosis include:
- Myocardial infarction (heart attack)
- Pulmonary embolism
- Brain hemorrhage
Our Team is Here to Help
Even though medical mistakes are relatively common in the United States, it is always unacceptable for a patient to suffer harm as a result of a medical professional’s negligence. If you’ve been harmed by a trusted medical professional, it is important that justice is served on your behalf right away.
Medical malpractice cases have a statute of limitations of two years, which means your case will likely be thrown out if you wait longer than this amount of time to file a lawsuit.
Unfortunately, doctors are not immune to human errors and sometimes patients are harmed as a result. If you are not sure whether or not your doctor was negligent, or if you are unsure of how to proceed with a medical malpractice case, we recommend speaking with a lawyer who specializes in this area of law. One of the experienced members of our team will be able to help you understand the strength of your case and what steps you need to take next.
Contact us today for a free consultation! We would be happy to review your case and answer any questions that you may have. Keep in mind that we work on a contingency fee basis, which means we never take any money out of your pocket and don’t accept payment from you unless we win your case.
If a medical professional caused your injuries and you need help with a medical malpractice lawsuit, contact the skilled attorneys at Berthold Law Firm, PLLC with the details of your case by calling (304) 605-2040 or by filling out our online contact form.