Is A Delayed Cancer Diagnosis Medical Negligence?
Medical professionals have a duty to exercise an appropriate level of care when treating a patient, but they are not infallible. Sometimes, medical mistakes rise to the level of negligence that merits a lawsuit; other times, mistakes are simply tragic accidents. Misdiagnoses occupy a strange middle ground; depending on the specifics of an individual case, one can qualify as medical negligence, specifically a cancer diagnosis, but this will not always be the case.
If you have lately been misdiagnosed or been diagnosed later than you should have been, our Birmingham medical malpractice attorneys at Goldasich, Vick & Fulk can help answer your questions and manage your concerns about the legal process. Seeking the damages you deserve can be an intimidating endeavor, but you do not have to do it alone.
May Have Long-Term Effects
Cancer misdiagnosis or delayed diagnosis can have a significant effect on a person’s ultimate prognosis, to say nothing of the effects on one’s mental and emotional health (even if they turn out to be cancer free). A study from the Society to Improve Diagnosis in Medicine (SIDM), collating results of past studies, estimates that around 11 percent of cancer diagnoses are in error (either diagnosing someone who does not have cancer, or missing the factors that should have led to a cancer diagnosis).
The damages one may suffer from a misdiagnosis are fairly easy to identify; both physical and emotional harm are common in this type of situation. Costs like emergency room visits and insurance co-pays, as well as the mental anguish from an improper or delayed diagnosis, can add up very easily, and if one turns out to have cancer, there is demonstrable evidence that a delayed diagnosis can be the difference between an early passing and living months or years longer.
Damage Must Have Been Done
In general, Alabama law holds that misdiagnosis is not automatically an act of medical negligence – but a misdiagnosis that is the demonstrable result of a doctor’s negligence will definitely qualify. What this means is that a person must show that the misdiagnosis came about as a result of a doctor failing to conform to the standard of care (that is, the same level of care as another ‘similarly situated’ doctor would use) in treating the patient. In addition, actual harm has to have befallen them In order for there to be damages to recover.
This is an important distinction in a type of case that can become heated very quickly: if no actual harm was done to the plaintiff, no case exists against the defendant. A negligence case in Alabama is designed to make an injured person whole; if a person is whole to begin with, receiving any kind of money damages would be seen as an unwarranted windfall. Medical negligence can make someone feel afraid or even mistreated – but legally, there may or may not be a case.
We Are Ready To Help – Call Us Today
Being told that you have a serious condition, only for it to be a mistake, can have serious, long-term effects on a person’s psyche, and being diagnosed with cancer too late can be far worse. Our Birmingham medical negligence attorneys from Goldasich, Vick & Fulk can help manage your concerns during the legal process, and can shoulder the legal load while you focus on your health and family. Contact us today to schedule an initial consultation.
Source:
pubmed.ncbi.nlm.nih.gov/32412440/
