Cancer misdiagnosis can be the result of false negative test results, missing signs and symptoms, failure to conduct the necessary tests, and a variety of other reasons. The error can lead to delayed diagnosis and treatment and have substantial negative impacts on the patient’s health, even leading to death.
Early intervention is crucial for the deadly disease, and when it does not occur due to a healthcare provider’s mistakes, there may be a cause for a medical malpractice claim. Contact a compassionate and skilled Katy cancer misdiagnosis lawyer to schedule a consultation.
Examples of Malpractice
Simply proving that a doctor or other healthcare provider made an error is not enough to prove liability and collect damages. You must prove to the court that the provider failed to provide the same level of professional care that a provider in the same or similar field would have, and the doctor’s actions caused the patient harm. Some examples of malpractice in cancer misdiagnosis cases include the following:
- Misinterpreting diagnostic images
- Interpreting test results incorrectly
- Failing to review the patient’s medical history thoroughly
- Delay in referring the patient to a cancer specialist promptly
- False positive diagnoses or misdiagnoses due to benign conditions
- Poor communication between the doctor and patient or the medical staff
- Neglecting to follow up with the patient on symptoms or with test results
- Missing signs or symptoms, leading to the failure to order the appropriate testing
A seasoned cancer misdiagnosis attorney could review the complete list and help determine if there is cause for legal action in Katy.
Misdiagnosis and Delayed Diagnosis
Misdiagnosis and delayed diagnosis can both have severe or fatal consequences for cancer patients. The first happens when a healthcare professional or provider incorrectly diagnoses cancer as another disease or misses it altogether. Cancers can mimic various medical conditions, and misdiagnosis can cause harm to patients, whether it is a false positive or negative result.
Delayed diagnosis occurs when doctors, nurses, or other certified healthcare providers fail to promptly identify a condition despite symptoms being present.
Our lawyers could review your case to determine when and how the mistake occurred.
Proving Fault and Deadlines
Winning an award for damages after a cancer misdiagnosis requires establishing that the doctor had a duty of care resulting from an established provider-patient relationship. The case must also prove that they breached their obligations as a certified medical provider by straying outside the standard of care, and that if the patient had seen another doctor, they would have received better care.
There must also be evidence of causation, which is the link between their actions and the patient’s injuries and other damages. Ultimately, the lawsuit must demonstrate that the patient suffered verifiable harm as a result of the treatment provided by the defendant.
Deadline for Legal Action
Understanding the rules and regulations governing medical malpractice cases is crucial for securing a favorable settlement. One vital statute is the statute of limitations for personal injury, which sets a deadline for patients to pursue compensation resulting from healthcare provider negligence.
Under Texas Civil Practice and Remedies Code § 74.251, the injured party has two years from the date of the alleged malpractice or the date they discovered they sustained injuries as a result of a doctor’s treatment. Another critical deadline is the statute of repose, which requires that plaintiffs in all medical malpractice claims initiate legal action within ten years of the negligent action or omission, regardless of when they discover the injuries. A cancer misdiagnosis lawyer in Katy could handle the legal work and civil court filings to ensure compliance with the regulations.
Meet With a Seasoned Katy Cancer Misdiagnosis Attorney Today
Misdiagnosis of any disease or illness can have lasting adverse consequences, and that is particularly true for patients with cancer. It can lead to delayed treatment, which is a vital component for the disease, or lead to unnecessary testing and treatment when there is a false positive.
A skilled Katy cancer misdiagnosis lawyer could help you through the process and advocate for a just outcome. Call today to learn more and schedule an appointment.