A diagnosis of cancer is generally quite devastating. It is even worse when a diagnosis should have been made and was not—leading to a delay in treatment and a more serious prognosis. The malpractice lawyers at The McClelland Law Group make it our business to seek compensation and justice for victims of cancer misdiagnoses.
A malpractice lawyer can examine liability
It can be difficult to determine at exactly what point a diagnosis of cancer — especially breast cancer — should have been made, and whether or not a delay in diagnosis actually harmed the patient. The attorneys at The McClelland Law Group have over twenty-five years of experience building strong legal cases of misdiagnosis, by determining such factors as:
- The history of breast examinations of the patient. Regular breast examinations, both by the patient and her physician, as well as mammograms, ultrasounds, and MRIs, can help detect breast cancer in its earliest stages. These methods can also be useful in establishing liability in the event that cancer is later diagnosed. If all of the appropriate medical tests were completed and the patient was given a clean bill of health, only to be diagnosed later on with cancer, it may be that the physician missed a vital clue that would have elicited an accurate diagnosis much sooner.
- The stage of breast cancer that was diagnosed. Cancer is categorized in stages numbered one to four, with stage one being the earliest phase of the disease and stage four being the most critical phase. Simply making a diagnosis of cancer is not good enough. Your physician should be able to accurately determine the stage of the disease, so that appropriate treatment can be recommended and undertaken. If he or she did not do so, to the detriment of your health, you may have a solid case for a malpractice lawsuit.
- Who can be held liable for the misdiagnosis? It would be incorrect to assume that a physician is the only party who can be held accountable for such a grave medical error as misdiagnosis. In addition to primary care doctors and gynecologists, radiologists, surgeons, and other medical staff may incur liability for failing to report suspicious findings that would have made a faster and more accurate diagnosis possible.