Determining Damages In A Cancer Misdiagnosis Case

A cancer misdiagnosis case can take two basic forms. In the first situation the physician or other medical personnel misreads medical tests and decides someone does not have cancer when in fact it’s present. The second type of misdiagnosis case occurs when the physician or medical personnel tells a patient he or she has cancer but does not. In the second case the treatment may lead to the erroneous removal of body organs or tissues.

In either situation it may be possible to collect compensatory and punitive damages if you can prove medical malpractice.

Medical Personnel Held Responsible

A medical professional is expected to perform duties that meet certain standards of care. A cancer misdiagnose can be considered medical malpractice if those standards are not met and injury is caused. For example, if the physician did not order a medical test considered standard practice when investigating a possibly cancerous condition, and diagnosed the patient as cancer free when in fact a cancerous tumor is present, then medical malpractice can be claimed.

All medical personnel involved in the diagnosis can be held responsible based on their specific actions. These people include the physician, the surgeon, the radiologist, the pathologist or other laboratory and technical personnel. An attorney may also file a lawsuit against the hospital if negligence can be proved.

Bringing a medical malpractice suit requires that you prove medical personnel acted reasonably and as other medical personnel would have in a similar situation. There must also be an injury suffered for the case to be malpractice.

What Damages Can You Collect?

In either type of misdiagnosis a patient can claim medical malpractice and file a lawsuit to claim compensation for all losses and even possibly punitive damages for gross negligence. The types of damages you can collect include the following.

Medical expenses from past or future treatments
Disfigurement including unnecessary removal of unnecessary tissue or organs, or from surgical treatments that are more invasive due to misdiagnosis
Lost wages
Loss from inability to earn wages
Loss from inability to continue job functions
Physical pain and/or suffering
Emotional suffering
Suffering endured by family as a result of care of family member
Loss of enjoyment in life

Getting Legal Help

It is important to get legal help if you believe you are a victim of medical malpractice. These lawsuits are usually very complex, and in some cases, difficult to prove unless there is a thorough understanding of the law.

Have a Personal Injury Case?