Hurt? We are here to help.
Law Firm, LLC
Who is Responsible for a Cancer Misdiagnosis?
- Many medical doctors may be responsible for misdiagnosing cancer, including:
- Family Doctors
- Family doctors and specialists can both be held responsible. If your doctor failed to identify symptoms, or if any mistakes were made with lab test results, you should have your medical records reviewed by an experienced attorney in the Charleston area who focuses on malpractice claims.
- How Does a Misdiagnosis Occur?
Your attorney can help you get your medical records. He will then have the records reviewed by an expert who will look for evidence that your doctor or caregiver provided substandard care resulting in your missed or delayed diagnosis. Some evidence that your doctor or provider may have made unacceptable errors include:
- A doctor failing to order the proper tests in response to symptoms or failing to follow up on suspicious test results
- A dentist failing to see or provide notice to patients of symptoms of mouth or throat cancer
- A dermatologist failing to identify signs of skin cancer or to order testing of suspicious moles
- A lab’s failure to accurately provide test results to a doctor on time
- A radiologist’s misinterpretation of a mammogram or a pathologist’s misinterpretation of a biopsy
- Mishandling of lab samples, including contamination of your sample
- Reading the incorrect test results or providing the results to the incorrect patient
- Failure to associate a specialist for treatment
- Failure to provide appropriate screenings for high-risk patients
- Failing to see symptoms of cancer
- Commonly, cancer misidentification results from a series of process breakdowns within the medical care system.
Cancer can come in more than 200 different forms. Because time is of the essence for cancer patients, a failure to identify or a misdiagnosis resulting in delayed treatment can be fatal.
If you identify cancer early, the potential for remission can be very high. However, if the doctor fails to identify or incorrectly diagnoses the cancer and treatment is not begun immediately, the cancer can progress and become fatal.
Each form of cancer is associated with the area of the body from which it originated, for example colon cancer or throat cancer. If you or someone you love experienced a missed or delayed diagnosis of cancer, The Hartman Law Firm, LLC can help you to determine if you have a medical malpractice claim under the laws in South Carolina.
Frank Hartman can answer important questions including:
- Who is responsible for a misdiagnosis of cancer?
- How does a misdiagnosis occur?
- What legal steps can you take get compensation?
- What types of damages can result?
What Legal Steps Can You Take get Compensation?
If you or someone you love had a missed or delayed diagnosis of cancer, you have the right to pursue a malpractice claim against the doctor. Successful medical malpractice claims can be made through the filing of a personal injury or wrongful death lawsuit. Often, a case can be resolved by out-of-court settlement.
To file a civil suit, South Carolina requires an affidavit that a medical professional has reviewed the medical records and verified that your claim has merit. Typically, you also have to have an expert witness testify in trial unless the actions of the doctor are so clearly negligent that a layperson can determine that the doctor provided unreasonable care, given the circumstances.
To win a malpractice lawsuit, you must show that the doctor, hospital or laboratory offered a level of care that fell below the level of care a reasonable provider with the same background and experience would have provided.
What Types of Damages Could Result from a Cancer Misdiagnosis Claim?
You may have a claim for your pain and suffering, emotional distress, medical expenses, lost income and other damages.
A settlement means you receive compensation in exchange for not bringing a lawsuit in a court of law. Negotiations can continue while your civil trial proceeds. Settlement can occur, literally, on the courthouse steps and up until the jury returns with their decision.
A malpractice attorney with experience handling claims in the Charleston area should guide you through the settlement and litigation process. The Hartman Law Firm, LLC can help. Call or contact Frank online today to set up your free consultation.
For More Information
The Six Early Detectable and Treatable Cancers, Friends of Cancer Patients