Many factors can contribute to misdiagnosis, from improper training to underqualified staff members to implicit biases that prevent professionals from upholding their duty of care. For victims of misdiagnosis, these actions can result in serious complications — especially if the medical professional failed to diagnose cancer.
How to Prove a Failed Cancer Diagnosis Claim
To prove a medical malpractice lawsuit, you will need to establish four important elements. Hiring a medical malpractice lawyer can help you gain resources and expert witnesses to strengthen your claim and prove each of these facts.
Duty of care
First, you must establish that the at-fault party owed you a duty of care at the time of the malpractice. A doctor-patient relationship must exist for you to hold a professional liable; if you visited the doctor at a clinic, hospital, or other professional office or facility, you can prove this element.
Deviation from standard of care
Second, you must prove that the at-fault medical professional deviated from the healthcare industry’s standard of care when diagnosing you. This will involve proving that a similarly trained and reasonable professional would have diagnosed you correctly under the same circumstances.
Direct causation
Third, you must show that the deviation from the standard of care was the direct cause of your injuries. For cancer misdiagnosis, this injury may be a worsening condition.
Damages
Finally, you will need to show you suffered physical, financial, and emotional damages you can collect compensation for. Your attorney will help you calculate the estimated value of your settlement.
Cancer is a serious condition, and it is important to catch this disease as early as possible to limit its spread. Failure to diagnose cancer can lead to worsening illness, a higher risk of death, and intense, painful treatment.
