The word cancer is one of those powerful terms that have the power to incite feelings of fear and dread as soon as they are spoken. This should come as no surprise given that this deadly disease, in any of its varied forms, takes the lives of millions of Americans each year.
However, there are times when hearing the word cancer spoken by your doctor can be a good thing, because it can give patients the chance to fight the disease and survive. Not receiving a cancer diagnosis when the disease is metastasizing inside of you can be a true death sentence.
On the other hand, if your doctor diagnoses you with cancer and you undergo treatment only to find out that you didn't have it in the first place, the results can also be quite disastrous.
In either of these examples of cancer misdiagnosis, victims have the right to contact a medical malpractice attorney who can help them file a lawsuit.
There exists a duty of care between medical professionals and the patients they treat which establishes that a standard of care must be followed so as to give the patient the best chances of recovering. If for some reason a doctor, nurse, or other medical personnel is negligent in this duty, then the patient who is harmed (or their loved ones in cases where the patient perishes) can seek substantial financial compensation via a legal claim also known as a medical malpractice lawsuit.
For the patient's claim to be successful in civil court, a couple of arguments must be made. First, it must be proven that the doctor or their staff acted negligently, which is to say they did not follow normal procedure. The reason why is not so important, though it can still make a difference in the case. Nevertheless, if negligence cannot be proven, the medical negligence lawsuit has no foundation on which to stand.
Next, the plaintiff must prove that the negligence caused direct harm to them, harm that would not otherwise have occurred if the proper procedure or standard was followed. Last, the harm or 'damages' suffered must be quantified. If it cannot be established that the patient suffered damages of any kind, then there is no compensation to be awarded. This is hardly the case in cancer misdiagnosis lawsuits, given than the treatment (or lack thereof) can have such a severe impact on the health of the victim.
As you can gather from the brief explanation we offered above, it can be quite difficult even for an individual who is well-versed in the law to build a cancer misdiagnosis lawsuit, let alone build a winning one.
It can take months if not years of research, thousands or hundreds of thousands of dollars in resources, official testimony from medical experts, and the assistance of additional legal experts for a cancer misdiagnosis lawsuit to be successful. It's simply impossible to expect the average person to handle this kind of case themselves.
In fact, if you're thinking of filing a cancer misdiagnosis lawsuit, you should seek representation from a law firm that is experienced in this exact kind of case. The Garden State Justice Group are just this kind of law office.
Our attorneys have not only studied this segment of the law, but they're also constantly updating their knowledge base with the latest updates in similar cases. We've seen what it takes for these complex and drawn-out legal battles to be successful for the patients who are harmed, and we can do the same for you.
Still unsure if pursuing a cancer misdiagnosis claim is for you? Contact us today for a free consultation. We'll answer all your questions, lay out all of the legal options at your disposal, and then allow you to make this important decision without any pressure or obligation.
Further Reading
To continue reading our other informational resources, visit the following link: Statute of Limitations on Lawsuits Against Doctors for Malpractice
