Is a Cancer Misdiagnosis Considered To Be Medical Malpractice?
Cancer is an aggressive and fatal illness. Early diagnosis is key for a patient to receive prompt medical care and have the best chance of beating it. Unfortunately, cases of cancer misdiagnosis are quite prevalent. In the event a medical professional misdiagnoses cancer, the results can be devastating. If cancer is missed or misidentified for another illness, a patient may not receive the care they need, leading to their condition worsening and becoming life-threatening. If you or a loved one have suffered harm due to a cancer misdiagnosis, you may be wondering if you can pursue a medical malpractice claim. So, is a cancer misdiagnosis considered to be medical malpractice? The answer is: it depends. If the misdiagnosis resulted from negligence, it is regarded as medical malpractice. Read on to learn more.
Why Does Cancer Get Misdiagnosed?
Cancer can get misdiagnosed due to various reasons. Mostly, cancer is misdiagnosed because its symptoms often mimic those of other conditions, making it harder to identify. Some conditions that exhibit symptoms similar to those of cancer include the flu, bronchitis, and pneumonia. Some cancers are hard to detect. Some atypical cancer forms may present in ways that are unfamiliar to some doctors, resulting in incorrect conclusions. Also, a cancer misdiagnosis may occur due to the failure to order necessary tests such as biopsies, CT scans, or MRIs.
Some of the most frequently misdiagnosed cancers include breast cancer, ovarian cancer, lung cancer, skin cancer, colon cancer, prostate cancer, and pancreatic cancer.
When Is a Cancer Misdiagnosis Considered Medical Malpractice?
Not all cancer misdiagnoses are considered medical malpractice. For a misdiagnosis to be considered malpractice, it must result from a doctor’s negligence. This means the doctor failed to meet the standard of care expected in their field. In other words, they failed to act how another doctor with the same skills and experience would have acted in the same situation. The following are some actions that may give rise to a medical malpractice claim;
- Failure to order appropriate tests, such as diagnostic imaging or biopsies
- Dismissing a patient’s concerns or failing to investigate their symptoms further
- Failure to use proper procedures or protocols when conducting tests
- Misinterpreting test results
- Mishandling test results
- Ordering incorrect tests
- Failure to refer a patient to a specialist when appropriate
Additionally, the misdiagnosis must have resulted in damages for you to have a valid medical malpractice case.
What Damages Are Available in a Cancer Misdiagnosis Case?
A wide variety of damages may be available in a Florida cancer misdiagnosis case, including the following;
- Medical expenses: A claimant may recover compensation for past and future medical expenses related to the misdiagnosis.
- Lost income: A claimant may be compensated for their lost income or wages due to the misdiagnosis. They may also be compensated for loss of future earning potential.
- Out-of-pocket expenses: A plaintiff may recover compensation for costs incurred due to the misdiagnosis, such as travel expenses for medical treatment.
- Permanent disability or disfigurement: Compensation may be available in case of a permanent impairment.
- Pain and suffering: This is compensation for the physical pain and emotional distress arising from the misdiagnosis.
Under Florida statute 768.72, punitive damages may also be awarded in cases involving gross negligence or intentional misconduct.
Contact Our Florida Medical Malpractice Lawyers
If you believe you have a medical malpractice case due to a cancer misdiagnosis, contact our qualified Florida medical malpractice lawyers at Gunn Law Group, P.A. We can help you determine if you have a valid case, and if you do, fight for your deserved compensation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.72.html
