Does a Cancer Misdiagnosis Constitute Medical Malpractice?
A doctor or healthcare provider’s failure to offer timely treatment may constitute medical malpractice, but there are some things you and your Stomach Cancer Lawyer will have to prove to litigate successfully. Read on to learn which questions (and answers) determine the success of a delayed diagnosis lawsuit.
Was the Delay Negligent?
First, you and your attorney will have to prove that the delay in providing care amounted to negligence. Medical malpractice lawsuits hinge on whether the treatment was substandard when measured against what a competent and skilled doctor would (or wouldn’t) have done under the same circumstances. Proving negligence typically requires testimony from a medical witness who determines what the doctor should have done, and then explains how the doctor’s actions failed to meet that standard.
Did the Treatment Delay Cause You Harm?
The other main component of a successful case is the establishment of damages. To sue a doctor, it’s just not enough that they failed to diagnose or treat your cancer in time; it must have caused you further injury. To prevail, you and your Stomach Cancer Lawyer must show how the delay in care harmed you. There are numerous ways that delayed care can harm a cancer patient; it may make your condition worse, it may preclude certain treatments, or it can intensify your discomfort and pain.
Asserting Your Legal Rights
Medical malpractice lawsuits are hard to prove and they’re inherently complex. There’s no set-in-stone way to determine when negligence has occurred, which means you’ll have to find an attorney who has medical malpractice experience. With the help of an attorney and a medical witness, you can determine whether the facts of your case justify pursuing a malpractice claim. Visit DieselInjuryLaw.com to learn more or call Diesel Injury Law to schedule a consultation with a cancer misdiagnosis attorney.