If you are a victim of cancer malpractice or misdiagnosis, you have the right to file a lawsuit against the responsible doctor or party. You can file a lawsuit against any party liable for the cancer malpractice, be it the doctor, nurse, pathologist, or the hospital department accountable for hiring the responsible personnel.
Many cancer malpractice lawsuits come from the misdiagnosis or delayed diagnosis of cancer which leads to the worsening of the condition. Cancer is well manageable when diagnosed early and when a doctor’s misdiagnosis leads to delayed treatment or no treatment at all, death can even result.
When it comes to cancer malpractice lawsuits, the law does not hold doctors legally responsible for malpractice or misdiagnosis errors. Instead, the plaintiff, in this case, the patient must prove the following number of things.
A doctor-patient relationship existed.
The plaintiff, who is the patient, must prove that they had a patient-doctor relationship with the said doctor. They have to show that they hired the doctor for treatment through an agreement. When there is a patient-doctor relationship, the doctor is legally responsible for providing the patient with some level of care. However, if the patient can’t prove that there was a doctor-patient relationship between them and the doctor, his/her case has no legal standing. This means that if you are suing the doctor in a cancer malpractice lawsuit, some principles apply.
As a plaintiff, you must also prove that the doctor acted carelessly, which led to the worsening of your condition. You need to understand what precisely medical negligence is. Medical negligence is when a doctor is careless or fails to show proper care and attention to the patient, which causes more harm to them.
For instance, in cancer misdiagnosis, the plaintiff needs to prove that the doctor in similar circumstances would not have misdiagnosed their condition or illness, which would have allowed them to seek treatment early. The doctor is then assessed to determine if they met the health industry’s standard of care. The health standard of care refers to the level of care that all patients are supposed to receive from the doctors. That entails comparing the actions of the said doctor (defendant) and another one with the same knowledge, specialization, and skill under similar circumstances.
Patient harm or injuries due to the cancer malpractice
After proving the doctor’s negligence, the plaintiff must also prove that the negligent actions were the cause of their harm or damages. For example, it may have lead to worsening of the condition or death. The patient’s harm should be categorized as a particular type of legal damages such as economic, non-economic, or punitive.
Some of the harm resulting from cancer malpractice may include:
- Pain and suffering.
- More past and future medical costs.
- Lost wages due to lack of ability to go to work.
- Lost earning capacity because of resulting disability.
- Loss of consortium or companionship.
- Loss of enjoyment of life.
A cancer malpractice lawsuit can be time-consuming and complicated. If you suspect that you underwent cancer malpractice, you should seek the help of a cancer malpractice lawyer to help you evaluate if you have a solid case. They can review the medical facts and follow through with the legal processes.