When is Cancer Misdiagnosis Considered Medical Malpractice?

The most common type of medical malpractice case is the result of misdiagnosis—accounting for nearly 25% of all malpractice claims. The most commonly cited misdiagnosis results from failure to properly diagnose cancer, particularly common among breast cancer, colorectal cancer, and prostate cancer.

When the importance of early diagnosis and treatment is considered, failure to diagnose cancer in a timely manner can have devastating consequences. However, our Dallas misdiagnosis lawyer knows how difficult it can be to prove negligence in a medical malpractice case.

Liability in Medical Malpractice Cases

When a doctor fails to properly diagnose cancer, it still may not be the basis for a viable medical malpractice lawsuit. In order to establish a strong case, you must be able to prove that the delayed diagnosis resulted from more than a reasonable mistake. The foundation for a viable medical malpractice case rests on the following:

  • The doctor breached the professional standard of care. In other words, the doctor acted in a way that differs from what a reasonable doctor would have done under the same circumstances.
  • The consequences of the misdiagnosis were avoidable. The patient must have suffered an injury that would not have otherwise occurred. Proving legal harm can be difficult in cancer cases as it can be very difficult to prove that the patient would have had a better outcome if the doctor had made the correct diagnosis.

The complex nature of medical malpractice cases involving cancer makes it quite difficult to establish a viable case without the help of an experienced medical malpractice lawyer. If you live in the Dallas area, please contact Polewski & Associates at 972-230-6200 for your free case evaluation.

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