Is a Cancer Misdiagnosis Considered to Be Medical Malpractice?

Cancer is among the most prevalent kinds of medical misdiagnosis that can result in serious complications for patients. If cancer isn’t detected or misinterpreted as an other disease, the patient might not receive appropriate treatment. This could cause a patient’s condition to accelerate and could even become life-threatening. A patient could be able to file to pursue legal action.

If you’ve suffered from health issues or lost a loved one due to a medical professional’s failure to recognize cancer, you can discuss the circumstances for free by speaking with the West Palm Beach medical malpractice lawyers. We’re available to discuss your legal options and determine if medical malpractice is involved.

Reasons Why Cancer Can Be Misdiagnosed

It is common for cancer to be incorrectly diagnosed due to a number of reasons. The symptoms could be a sign of other health conditions that aren’t associated with cancer. Certain types of cancers are difficult to identify. Certain benign conditions are sometimes mistaken for malignant ones. The doctor could not interpret the results of tests correctly or misinterpret one patient’s results with another.

It is crucial to remember that not every misdiagnosis will lead to medical malpractice. Doctors can make a mistake , but without getting a medical penalty. These kinds of cases are complex in way and require the help of a seasoned medical legal expert.

A Doctor’s Duty to Make the Right Diagnosis

Doctors are legally required to provide medical treatment of high quality and provide the correct diagnosis to avoid harm to patients. If you are not receiving medical care that is consistent with the standard of care expected by the medical profession Your doctor may have violated the legal obligation and could be liable for any damages that resulted.

To establish this level of care, you’ll probably require a medical expert who can provide evidence of what a reasonable physician who has the same education and experience would have done in the same conditions to avoid the misdiagnosis of cancer. The expert can offer an opinion regarding how the physician acted or didn’t perform that led to the mistaken diagnosis.

When Failure to Detect Cancer Leads to Malpractice

The extent to which a doctor’s actions or inactions are considered medical malpractice is based on whether a prompt diagnosis will have given an improved outcome. Certain cancers have a lower survival rate and the accuracy of diagnosis by only a few days or weeks might not have made a huge difference. In other cases the cancer that is detected in the early stages is treated successfully during the early stages. If cancer is detected before it spreads, the chances of survival are higher.

Certain actions that could be grounds for an action for medical malpractice could be triggered if a physician is found to have done one among the following actions:

  • Rejects complaints of a patient
  • Inability to recognize the symptoms that were evident and could have alerted similarly trained physician of the possibility of developing cancer
  • Do not follow the correct protocol or procedures for conducting cancer tests on patients
  • Inability to obtain the proper health scans, blood tests or medical imaging
  • Failure to conduct an examination for a biopsy, colonoscopy, or other tests that can detect cancer
  • The wrong interpretation of diagnostic tests like CT scans or X-rays
  • Failure to follow up with recommendations for additional testing following receipt of certain test results
  • Failure to send patients to specialist in cancer in the event that it is necessary.

A misdiagnosis of cancer can cause unnecessary and harmful medical treatments, like chemotherapy, radiation , or an amputation. It can also lead to improper treatment that can prevent cancerous tumors from spreading.

Get Legal Help From an Experienced Attorney

Patients who have suffered misdiagnosis of cancer have rights and the skilled lawyers from Gordon & Partners are prepared to defend those rights. We will talk with our legal team about the facts surrounding the medical treatment you received or lack of it and determine if you have an opportunity to seek damages against the negligent medical professional.

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