Cancer Misdiagnosis Lawsuit in 2024: Important Steps to Get Claim

Cancer is one of the most commonly misdiagnosed medical conditions. If you have also suffered harm from cancer misdiagnosis by a doctor, don’t wait further to file a cancer misdiagnosed lawsuit. It will help you recover full damages for your injuries and losses.

Common types of cancers that are misdiagnosed

  • Breast cancer.
  • Cervical cancer. 
  • Colon cancer. 
  • Colonoscopy errors. 
  • Lung cancer. 
  • Lymphoma. 
  • Skin cancer.

What clues indicate a cancer misdiagnosis?

There are several clues that indicate a cancer misdiagnosis. It includes:

  1. The doctor didn’t take the time to get all the information needed to make the correct diagnosis. It includes recording the patient’s complete family history, symptoms, surgical history, and a long list of medications and supplements the patient is taking. 
  2. For each type of cancer, there is an established medical timeline in which the doctor needs to use various diagnostic tools. Therefore, you can take a Cancer Misdiagnosis Lawsuit by claiming that the doctor didn’t order all the available tests. 
  3. The medicines prescribed by the doctor are not making the condition better. Moreover, the patients who have any doubt while filing the lawsuit can stick to the second option.

Examples of diagnostic negligence

  • Fails to provide accurate testing for symptoms or abnormal cancer screening results. 
  • Fails to refer a patient to an appropriate cancer specialist.
  • Ignores patient complaints and symptoms.
  • Fails to disclose normal or abnormal test results with the patient.
  • Fails to consider a patient’s medical history, previous diagnoses, or family history. 
  • Inadequate or inaccurate sampling.

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Can I sue a doctor for not finding cancer?

Yes. If a doctor fails to identify your cancer because of negligent care or a mistake, you can file a cancer misdiagnosis claim. Nevertheless, failure to diagnose cancer is one of the most common types of medical mistake claims lawyers see.

cancer misdiagnosed lawsuit

How to win a cancer misdiagnosis case?

In any malpractice suit based on a misdiagnosis of cancer, the patients need to prove different elements, such as:

The element of the breach is established by proving that the cancer misdiagnosis was due to the doctor’s failure. They neglect the applicable medical standard of care. The top lawyers will help you prove that the doctor made a mistake.

The patients in cancer misdiagnosis injury need to prove that they were harmed by the failure to diagnose their cancer. It is often a contested issue with missed malignancy claims. In this case, the lawyers will argue that the plaintiff would have died even if the diagnosis was timely made.

The element of duty is established by proving the existence of a doctor-patient relationship. For instance, it is more ambiguous in on-call doctors. You can provide an appointment letter, doctor’s visit receipt, or medical bills to prove the doctor-patient relationship.

Cancer misdiagnosis Lawyer

If you want a Cancer Misdiagnosis lawyer who cares about you and the outcome of your cancer misdiagnosis lawsuit, choose Ethen Ostroff. He and his professional connections ensure you get every dollar possible for what you went through.

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