Failure to Diagnose Cancer

A number of medical malpractice cases are due to claims of failure to diagnose. Failure to diagnose may not often result to serious injuries, in cases such as cancer (where the survival rate is very low in majority of the cases), failure to diagnose can mean life of death. The main factor in treating cancer is the early detection of the condition, and if the doctor have failed to properly detect the cancer then they may be liable for a medical malpractice lawsuit. In order to have solid grounds for a medical malpractice lawsuit, you (as the plaintiff) should be able to prove that the negligence of the doctor (the defendant) or their failure to diagnose the cancer in a timely manner was the reason for the progression of the injury that was otherwise preventable.

Just as with any medical malpractice lawsuits, it is important for the plaintiff to establish the defendants’ failure to practice the standard of care expected from them, and this may call for testimonies from other medical professionals and their opinion on whether the defendant’s actions (or inactions) were what any reasonable doctor would have also done. It is the breach of the standard of care adopted by medical professionals for a particular health condition or illness. Some factors can affect how this standard of care is given.

Because medicine, despite is advances, it still not an exact science, it may be difficult to win a medical malpractice case. The website of Crowe & Mulvey LLP says strong evidence and expert witness testimonials would help ensure that the defendant’s negligence was the cause of the progression of the condition, and that the standard of care was not properly given to the patient. Having the right type of lawyers who knows how personal injury and medical malpractice laws work is also key in winning the case. Make sure to find a not only a local lawyer but also an experienced one, since state laws can vary.