Cancer diagnoses are never welcomed news, but when timely and accurate,
they provide the opportunity for patients to seek the treatment they need
and better their prognosis. Unfortunately, medical professionals who provide
substandard care during diagnostic testing can strip patients of that
opportunity, enable the progression of their condition and suffering,
and decrease their chances of recovery.
medical malpractice is an area of law which places accountability on health care providers
in whom we place our trust, and holds them liable for providing substandard
care, victims of cancer misdiagnosis may have the right to seek legal
action. Due to the challenging legal and medical issues involved,
cancer misdiagnosis cases demand the attention of proven and experienced attorneys.
Our medical malpractice lawyers at Shrager & Sachs fight for
patients and families that have suffered at the hands of negligent medical
professionals across Philadelphia, Pennsylvania, and beyond. Our team
understands the elements of providing medical negligence, as well as ways
to navigate challenges inherent to complex medical information and disputes
over quality of care and liability. Because we know these cases are ones
of significant emotional turbulence, we treat clients compassionately,
and fight aggressively on their behalves.
When is it malpractice?
Because early detection and intervention is so critical to treating cancer,
it becomes the responsibility of the medical professionals in whom we
place our trust to accurately identify when the disease is present. Because
it can be difficult to determine when malpractice occurs, and because
not all cases involving cancer amount to negligence, we want to discuss
when patients may have the right to pursue a claim against their provider
for misdiagnosing cancer.
Was there a legal duty present? In order for there to be a valid basis for a medical malpractice claim,
patients must have had a professional doctor-patient relationship with
the physician in question.
Delays in diagnoses may result from patients not seeking medical attention in time, in which
case there wouldn’t be a doctor-patient relationship.
Was medical negligence involved? Whether or not there is a valid claim for malpractice involves determining
whether negligence played a role. To determine this, our attorneys draw
from our extensive medical malpractice experience and work with experts
who can help us assess the quality of care delivered by physicians and
whether it amounted to negligence. In terms of malpractice, medical negligence
is defined as substandard care. This means a doctor may be negligent if
they committed errors that caused them to miss a diagnosis any reasonably
skillful medical professional would have been able to diagnose under the
same or similar circumstances. For example, a medical professional may
have committed acts of negligence by failing to order appropriate tests,
administering those tests incorrectly, or interpreting test results and
patient symptoms erroneously.
Did a patient suffer damages as a result? Patients must have suffered damages in some way in order to have a valid
claim. Simply receiving a misdiagnosis does not mean patients can be compensated,
especially if they obtain a timely second opinion and are able to begin
treatment without suffering consequences. However, misdiagnosis can and
often do lead to considerable damages, including delayed treatment, the
progression of a disease and patient’s suffering, and even inappropriate,
costly, or harmful treatment designed to treat another condition. In the
most devastating cases, patients may succumb to otherwise treatable conditions
if they do not receive the treatment they need.
Medical malpractice is known for being a difficult area of law, as it entails
complex concepts of medical negligence, fault, and liability, and complex
issues concerning the nature of medical conditions and appropriate standards
of care. By working with attorneys who have experience in this field,
as well as the necessary resources and professional connections they require,
patients can better understand whether they have the right to pursue a
cancer misdiagnosis claim, and a recovery of their damages.
To discuss your case personally with an award-winning attorney from Shrager,
Spivey & Sachs,
contact us for a FREE consultation.