Cancer Misdiagnosis and Medical Malpractice
Our Malpractice Lawyers Help Misdiagnosed Cancer Patients and Their Families Collect Monetary Damages From Negligent Doctors
According to the national cancer institute, nearly 40 percent of the population will be diagnosed with cancer at some point during their lifetime. Some of these individuals will learn that their disease was discovered early enough to be treated with a variety of protocols that can include some of the following chemotherapy, radiation, immunotherapy, and surgery. Treatment can involve one or a combination of protocols since cancer, and the way to treat it is constantly changing. Also, even patients with the same type of cancer have individual, unique circumstances to consider when determining a course of treatment. Of course, treatment is not always successful in curing cancer but can often prolong the life of someone who has it.
Some of those diagnosed with cancer find out too late in the progression of the disease to make the most of available treatments. These patients must wait for cancer to destroy their bodies, or perhaps they are lucky enough to find an experimental medical trial that provides a glimmer of hope.
Medical malpractice claims as they relate to cancer are fraught with emotion; anger, disbelief, anxiety, and uncertainty. Why? Because the life of a loved one is often at the center of these cases and treating cancer is not a perfect science.
If you or someone you love has cancer, and you think a medical professional was negligent in diagnosing or treating them, and they have suffered additional harm, ask yourself, “Should I get a malpractice attorney?” If you are considering pursuing a claim against the doctor or hospital that misdiagnosed your loved one, the answer is “yes.” You will need assistance navigating the complex nature of cancer malpractice cases. Our lawyers at Alonso Krangle, LLP have the skill and experience you need to vigorously protect your legal rights to compensation when malpractice harms someone you love.
What is Malpractice?
In all malpractice cases, there must be negligence or a breach of the applicable standard of care. A doctor is required to do what a reasonable doctor would do in similar circumstances.
When a doctor acts in a way that is considered unreasonable, it breaches the standard of care and is negligent. When a doctor is negligent, and the negligence causes the patient to suffer harm, it may be that the doctor committed malpractice. If the doctor makes a decision that is reasonable and satisfies the standard of care, even if the outcome is negative, it is not necessarily malpractice. Each case is different, however, and should get evaluated on an independent basis by looking at the specific facts of each situation.
Cancer Malpractice Often Results From Diagnostic Errors
Many malpractice cases that involve cancer contain the allegation that a doctor made a diagnostic error. Failing to diagnose cancer or misdiagnosing cancer often result in claims against the doctors who missed or misread the signs and symptoms.
You must demonstrate that the misdiagnosis or failure to catch the disease was unreasonable. For example, an expert may testify that if you had gone to any of 20 other doctors, they would have found the cancer, and therefore, your doctor’s failure to do so was unreasonable and negligent. Alternatively, if, according to experts, it was reasonable for the doctor to mistake a malignant tumor for a benign cyst, the decision not to remove it would not be a negligent one.
Cancer Malpractice Requires Proof that Your Injuries Were Avoidable?
For a medical malpractice case to be successful, in addition to negligence, you must also prove that the injuries or harm to the patient would not have occurred if not for the doctor’s breach of the standard of care. With cancer, this can be difficult to establish, certainly not without the help of experts in the fields of oncology and statistics.
In cancer malpractice cases, particularly those involving cancers with a high fatality rate, when a doctor makes a negligent diagnostic mistake, the outcome can be the same as it would be if the doctor made the correct or timely diagnosis. This fact can make it hard to prove that the patient’s condition was worsened or created by the negligent breach of the standard of care.
The symptoms of cancer, side effects from treatments, its progression, and ultimate resolution are speculative at best. It is not always possible to know at first glance what might have been avoided if a doctor acted differently. It is essential that you reach out to medical malpractice lawyers who have experience handling cases involving cancer like the ones at Alonso Krangle, LLP.
Contact Our Malpractice Lawyers to Discuss Your Cancer Malpractice Claim
Establishing Cancer malpractice cases require experts. They need the help of people who understand the complexities of these claims. Proving causation in any malpractice case can be challenging. In cancer cases, it is particularly so. It is imperative that you have experienced attorneys helping you along the way.
Alonso Krangle, LLP has lawyers who are here to listen to your claim and advise you accordingly. We have the compassion, skill, and experience you need to file a successful claim against the medical professionals who failed to diagnose your cancer. Call Alonso Krangle, LLP at 516-350-5555 for a free evaluation of your cancer-related medical malpractice claim.