Did a doctor misdiagnose your breast cancer?
January 8, 2018
Breast cancer is a shockingly common ailment that affects an enormous portion of women throughout the country, in all walks of life. While breast cancer does develop in some men, it does so in fewer instances. Still, every single case of breast cancer is its own battle, and overcoming this disease is often far more difficult without the careful guidance of an experienced doctor, beginning with diagnosis.
Unfortunately, in far too many cases, the doctor tasked with treating a patient may not recognize breast cancer (or other forms of cancer, for that matter) in a reasonable amount of time, and this delayed or misinformed diagnosis may carry serious complications for the patient. In some cases, the complications mean longer recovery, but in others these complications can mean losing the battle altogether.
Don’t hesitate to reach out to an established attorney in your area if you believe your doctor’s poor or untimely diagnosis affected your breast cancer battle. You may have grounds to seek compensation for your losses, allowing you to focus on your health concerns while an attorney fights for a fair resolution.
You must demonstrate four elements in your claim
If you want to build a misdiagnosis claim successfully, you must begin by identifying the gourds for the suit. Misdiagnosis claims depend on four factors. Each of these factors is important to consider as you build you claim.
Did the party you mean to sue have a duty to you? You don’t want to accuse a doctor of misdiagnosis if he or she had nothing or little to do with your care in the first place.
Did the doctor actually breach this duty to you? Even if a treatment is not as effective as you and your care provider hoped, this does not constitute misdiagnosis. Be sure that you identify specific actions or neglected actions that you believe affected you.
Did the breach actually cause harm? Doctors make mistakes, because they are only human and the medical care system is not always easy to navigate, for doctors and patients alike. If a doctor did breach the duty to you, but you suffered no real discernible consequences, a court is unlikely to consider your case very seriously.
Is the harm compensable? Other than possibly costing a doctor his or her license to practice medicine, there are very few ways a settlement or court decision can compensate you and punish a doctor’s poor actions other than a monetary settlement. Be sure that you understand exactly what damages you want compensated, and what you consider fair compensation to look like.
Don’t fight this battle alone
When cancer is involved, there is very little room for any other crises to arise. Don’t compromise your cancer battle unnecessarily by taking on a legal battle without professional guidance. An experienced attorney can help you assess your circumstances and build a strong claim that meets your needs and protects you rights.