Failure to Diagnose Cancer: Can You Sue the Doctor?

posted by Chris Valentine

As sad as it is, doctors can sometimes make the mistake of failing to diagnose a patient with cancer. Seeing that we live in today’s era of scientific advancement, it is a mistake that is unforgivable. Since it could potentially ruin a lot for a person, and that’s without mentioning the part that it’s fatal. This invites in the question of, ‘can you sue?’ It could be on the basis of malpractice or on that of human indecency, but a failure to diagnose this lethal disease could bring about irreversible harm.

What are the Consequences?

The No. 1 reason for suing doctors is a failure to diagnose correctly. This kind of failure, to not have detected this tumor, would mean that you’re unable to cure or treat what you didn’t know existed in the first place. You would be depriving that person of any chance towards survival. According to https://www.vatrials.com/medical-malpractice-lawyer/failure-to-diagnose-cancer-attorney/ the person that suffers is being robbed of precious years of life. As a result, you can pursue legal action against the doctor, filing a medical malpractice lawsuit.

What you need to know

Should you have fallen as a victim to a doctor’s misdiagnosis, it doesn’t always mean that you are the victim of medical negligence as well. It would be considered malpractice, if the patient’s condition gets worse and if discovered too late that it becomes untreatable. Though, generally, these types of lawsuits are very tricky to get right, since it involves a lot of aspects. With medical professionals involved, anyone of these professionals could swing either way with a ‘yay’ or ‘nay’ verdict.  What’s being looked at here is if the physician didn’t perform to the standards they should have, making them negligent.

A number of failures would lead to the doctor’s negligence. Things like failing to order lab work or blood testing, failure to observe and ask the patient if they suffer from any of the symptoms, and failure to recommend cancer screenings and the making of paperwork errors. Anything that obstructs or slows down the process would be considered as negligence.

Who can be sued?

As it is the case most frequently, only your doctor can be faced with a medical malpractice lawsuit. Although, there are instances where, had any other aspect contributed, they too can be included in the lawsuit. They must have seen the patient and been involved in doing the harm. However, the facility can rarely, if ever, be held responsible as most doctors are independent contractors. This removes the liability of the hospital.

To successfully win your claims and receive compensation, that can hardly compensate since no amount of money could ever be enough, you must argue and prove that there is harm done to yourself. Either by exposing you to more aggressive treatments or by complicating your situation altogether, the doctor is perfectly liable. For this, hiring an attorney to review your case and sue might be your best move.

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