Can I Sue My Doctor for Cancer Misdiagnosis?

Doctors are required to make diagnoses every day. Patients rely on their experience and judgment and can be seriously harmed or killed when doctors make errors in this context. In fact, misdiagnosis errors are a leading cause of death in the United States. The answer to the common question, “Can I sue my doctor for cancer misdiagnosis?” is yes. The law authorizes victims of misdiagnosis to take effective action for compensation against those doctors who have harmed them.

If you have experienced a cancer misdiagnosis, the misdiagnosis lawyers at Palmer Law Group would like to help you get justice. Reach out to our team at (785) 233-1836 to learn what compensation you may be entitled to.

Misdiagnosis and Medical Malpractice

Misdiagnosis is a form of medical malpractice that occurs when a licensed medical professional commits a diagnostic error when treating a patient. There are various types of misdiagnosis, each of which can lead to serious health complications and death.

Delayed Diagnosis

A delayed diagnosis is a diagnosis that should have been made earlier than it was. The result in actionable cases is sufficient harm to disrupt a person’s life and cause them pain and suffering. Sadly, victims in these cases often would have had ample time to address their conditions. However, delayed diagnoses often make treatment too late to be effective.

Missed Diagnosis

Missed diagnosis is a diagnosis that should have been made but was not. Tragically, missing a diagnosis is often a death sentence for a patient. When it isn’t, it brings all manner of health complications and pain.

When a diagnosis is missed, the underlying condition or injury has a chance to continue growing or becoming exacerbated without medical intervention. In some cases, a missed diagnosis is eventually remedied, and the underlying problem is discovered. However, sometimes, the missed diagnosis is not discovered until after a patient’s death.

Common reasons for missed diagnosis include:

• Improper test procedures
• Improper interpretation of test data
• Distracted doctor
• Inexperience
• Chart errors and mix-ups.

Regardless of the reason why a missed diagnosis occurs, if negligence was a part of the equation, the victim may have recourse to damages.

Erroneous Diagnosis

An erroneous diagnosis is a mistaken diagnosis. In other words, a doctor diagnoses one condition when the problem is actually a different condition. This type of diagnosis often leads to the patient’s being treated for the wrong disease while the actual problem goes untreated.

Receiving treatment for non-existent conditions or diseases can lead to serious patient harm. As you likely know, medicine and treatments are often invasive and risky. Subjecting a patient to a treatment they do not need is medical malpractice at its worst.

Can I Sue My Doctor for Cancer Misdiagnosis?

Yes, you can sue for misdiagnosis. But remember that errors and mistakes are a normal part of the medical industry, as with any other job or sector. Nothing can prevent simple mistakes. In diagnostic care, mistakes are permitted, but only if they are not significant deviations from acceptable standards of care.

For example, a doctor who makes a mistake in diagnosing a condition or disease will be under scrutiny. The question to be answered is whether a reasonable physician in the doctor’s shoes would have made the same error. In the case of a common condition, it is likely that errors in diagnosing are medical malpractice and should be investigated.

Damages in Medical Misdiagnosis Cases

Victims of misdiagnosis have standing to sue for valuable damages after being injured, including:

• Pain and suffering
• Lost income
• Medical costs and expenses
• Mental anguish
• Loss of enjoyment of life
• Wrongful death.

If you have been injured by a misdiagnosis, you might also receive punitive damages if the incident was caused by reckless, intentional, or malicious behavior.

What Do I Do if I Suspect Misdiagnosis?

If you suspect that you are a victim of a misdiagnosis, you should act quickly and have your case reviewed by an experienced medical malpractice attorney. Medical malpractice attorneys have tremendous experience with medical matters. They also have extensive networks of medical professionals and consultants with whom they work closely to get justice for clients.

Free Consultation

Because consultations are free for potential clients of medical malpractice lawyers, patients should schedule one even if they have only a slight inkling that they have been misdiagnosed.

Records and Evidence Gathering

Before or soon after meeting with a lawyer, you will want to gather and preserve any paperwork, forms, and documents related to your case. These will serve as some of the crucial evidence your attorney will need to win your case.

Doctor’s Orders

If you are receiving medical treatment and care because of a misdiagnosis, you should be meticulous in complying with doctor’s orders. Failure to do so can lead to a worsening of your condition or injury, as well as lower compensation.

Statute of Limitations and Similar Concerns

If you decide to seek compensation for a misdiagnosis, you must do so within a time frame of two years from the date of the misdiagnosis. A suit can also be brought two years after an injury becomes knowable or discoverable to a reasonable party.

For example, the effects of a misdiagnosis may not become evident for months or even years after the misdiagnosis. It would be unfair to prohibit a victim from suing because they could not have reasonably known they were misdiagnosed. The law allows the statute of limitations for medical malpractice cases to be tolled until the harm has been discovered.

Get the Representation You Deserve

At Palmer Law Group, we’re here to provide you with the robust representation your case deserves. Medical professionals fight hard against charges of medical malpractice and misdiagnosis. Our team fights even harder to make them pay.

If you or someone you love is facing the fallout of a cancer misdiagnosis, contact Palmer Law Group for a free consultation and information on the damages you may be entitled to. Call (785) 233-1836 for a free consultation today.