Medical Malpractice and Cancer: A Devastating Combination By Steve Charpentier on July 16, 2015

Digital image of blood vesselsIf you or your loved one has been diagnosed with cancer, you know that the disease is never a minor concern. However, when you are in the hands of a good doctor, it is often much easier to beat the disease. Tragically, far too many patients receive treatment from negligent, incompetent, or rushed physicians. As a result, these individuals are misdiagnosed, or they do not receive a cancer diagnosis until the disease has progressed. Misdiagnosis and delayed cancer diagnoses are among the most common types of medical malpractice. At Charpentier Law Firm, we are committed to getting our clients the justice they deserve. If you or a loved one has received an incorrect or delayed diagnosis, we will determine if you have a viable claim. Then we will fight hard to obtain the compensation to which you are entitled. To learn more about medical malpractice and cancer, contact our Melbourne practice today.

Missed and Delayed Cancer Diagnosis

The statistics regarding missed and delayed cancer diagnoses are staggering. According to a 2014 study published by BMJ Quality and Safety, between 26 and 63 percent of all medical malpractice claims are related to delayed or missed diagnoses. These statistics represent all types of patients and medical conditions. However, the researchers reported that cancer and heart attacks were the most commonly misdiagnosed conditions for adults. For children, the most common misdiagnoses were cancer and meningitis.

Misdiagnosis of any condition can be very serious. Without proper care, patients’ health will decline rapidly. They could be subject to expensive, unnecessary treatment. In some cases, these extraneous treatments could actually have negative health consequences of their own. When it comes to cancer, early diagnosis and immediate treatment are a patient’s best chances at recovery. If the disease is not caught in time, cancer will spread rapidly throughout the body. Sadly, diagnostic errors involving cancer can often have fatal consequences. 

Do You Have a Viable Case?

If you or a loved one has suffered due to a diagnostic mistake, there is a good chance that you have a viable legal claim. However, medical malpractice is a complex branch of law. Your case must meet certain conditions if it is to hold up in negotiation or in court. These conditions include:

  • You had an established relationship with the doctor in question. For example, a doctor who merely consulted you on the phone is not legally responsible for your health.
  • Your health suffered because of the diagnostic error.
  • The doctor did not follow the accepted standard of care. In some cases, cancer can be so subtle that it is virtually undetectable. Therefore, physicians cannot always be held liable for missed diagnoses, particularly if you did not exhibit any symptoms. Nevertheless, if your doctor did not perform routine tests, ignored obvious symptoms, or used faulty equipment, he or she may be found guilty of negligence.

How Charpentier Law Firm Can Help

Because of the complex nature of malpractice law, it is important to work with experienced attorneys. Our lawyers specialize in personal injury cases, including medical malpractice. Your lawyer will carefully investigate all the circumstances of your case. In most cases, we will consult medical experts to gain a complete understanding of your condition. If we determine that you or your loved one is a victim of medical malpractice, we will fight hard to obtain compensation. We know that money cannot restore your health or bring back your loved one. However, this financial assistance can cover your medical bills so that you can focus on healing and moving on to a new chapter in your life.

Schedule a Case Evaluation

To find out if you have a viable malpractice case, contact Charpentier Law Firm today.

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Charpentier Law Firm, P.A. office building

Charpentier Law Firm, P.A.

Since 1989, Stephen G. Charpentier been protecting victims' rights. Mr. Charpentier:

  • Is a recipient of an AV rating, the Martindale-Hubbel®
  • National Law Directory's highest honor
  • Earned Florida Legal Elite status in 2010
  • Handles cases in many practice areas including medical malpractice, auto accidents, and wrongful death

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