Doctors, nurses, and other health care providers spend a great deal of time learning how to treat a variety of illnesses and other physical conditions. On the whole, they are dedicated professionals who work diligently to alleviate the ailments of patients. However, doctors, nurses, and health care providers are also human, and people make mistakes. When mistakes are made, the effects can be devastating. In fact, according to multiple sources (e.g. Hearst Media, and HealthGrades) approximately 200,000 Americans die from “medical mistakes” each year.
Failure to diagnose serious medical conditions in a timely fashion, like cancer, is one form of medical error.
As the statistics show, when doctors fail to diagnose cancer, these mistakes are often fatal. Cancer lawyers are best suited to advocate for victims of medical mistakes, when the mistake is a failed cancer diagnosis. The error includes situations where a doctor fails to diagnose cancer at all and situations where the diagnosis is ultimately made but delayed.
Failure to Diagnose and Medical Malpractice
Medical malpractice is a form of negligence involving a medical treatment provider. If a person’s injury results from a medical professional’s departure from the proper standard of care, the medical professional may be liable for that injury. A medical professional’s standard of care is determined by comparison to other professionals in the same field and geographical region.
A court would ask, in other words:
- what would a reasonably competent medical professional
- practicing in the same field
- in the same area as the defendant
- do under similar circumstances
- when treating the same condition?
Medical malpractice does not occur whenever treatment yields an unfavorable outcome, only when the treatment method departs from the medical standard of care. The law generally recognizes the practice of medicine as an “art” rather than as an exact science. Therefore, some latitude is given to practitioners with respect to the manner in which they choose to address the problems of specific patients. Put plainly, a doctor has the duty to provide sound care according to the accepted standards of the community and/or the accepted standards of a particular medical specialty.
States vary in the way which the handle medical malpractice claims, assign liability, and award damages. Some states put a cap on general (non-economic) damages as such pain and suffering. Employing the services of a cancer lawyer will help to settle your malpractice case efficiently and effectively.
Consult a Cancer Lawyer
If think you or someone you know has suffered from medical malpractice because of improper cancer diagnosis, contact a cancer lawyer at The Rothenberg Law Firm at 1-800-624-8888 or submit an InjuryLawyer.com online free case evaluation. You may qualify to bring legal action seeking monetary damages, recovery of additional medical costs, and other benefits. There is NO CHARGE for the initial consultation. If we agree to handle your case, we are compensated for our services only if you receive compensation for your injuries.
Lawsuits, often, must be filed before an expiration date known as the Statute of Limitations. Therefore, please call or contact us right away to ensure that you do not waive your right to possible compensation.