Tuesday, March 22, 2016

When can a doctor be held liable for failure to diagnose cancer?

Understanding the Rights of a Patient

(Mecklenburg, NC) – March 22nd, 2016 – When a professional licensed doctor misdiagnoses or fails to diagnose cancer, he or she may be held liable for damages and said to have committed medical malpractice. However, this is only true in some cases and not 100% of the time. Mecklenburg, NC medical malpractice lawyers highlight situations in which a doctor can in fact be sued for damages through a civil lawsuit when he or she does not diagnose cancer for what it is – cancer!

If you need legal help for a possible medical malpractice case, click right here: Medical-Malpractice.USAttorneys. Your spirits and possibly even health will improve if you have a proper legal representative working with you and they are building a case for you.


Was the standard or care provided in the case not up to the established standard of care?

In most medical malpractice cases, the main thing that the jury or judge in charge of the case will consider in order to help them make a decision and pass verdict is if or not the standard of care provided in the case was substandard to the accepted standard of care for that particular medical condition, symptoms, etc.

According to hospital neglect and medical malpractice lawyers in North Carolina, the accepted standard of care is already established and a medical expert will testify as to whether or not it was met in the case in question.

This same logic applies to cases of misdiagnosed cancer too. If the medical expert is of the opinion that the doctor missed obvious symptoms in failing to diagnose cancer and their practice was not up to the mark then they will conclude that the standard of care was breached. When that happens, you can almost rest assured that the doctor will lose the lawsuit and be held liable to pay compensation for the malpractice claim and medical malpractice attorneys in Mecklenburg, NC have seen this many times before.

Were the repercussions of the misdiagnoses is avertable?

The next factor that comes into play when judging if malpractice occurred or not is whether the results of the misdiagnosis (death, illness, injury) could have been avoided had the doctor diagnosed the condition in a timely manner.

So for example, if it so happens that a patient with cancer was not diagnosed with cancer upon their initial medical appointments and the diagnosis was delayed and the patient finally lost his or her battle to cancer, the judge or jury will look at the nature of the cancer. In addition, a medical expert (another doctor) will testify as to whether the death could have been averted had the patient been diagnosed correctly and in a timely manner when they approached the healthcare professional initially.

If it is determined that death was inevitable regardless of how early the diagnosis was made, then it will most probably not go into the record books as medical malpractice or hospital neglect.

Have you seen the movie Seven Pounds? Will Smith plays Ben and Ben is aiming to kill himself so he can help out or save 7 people since that is how many people he was responsible for killing when he caused a car accident. One of these people was his fiancĂ©e as well. It was a classic case of distracted driving. Anyways Ben’s death was inevitable since that was his goal in life, no doctor or medical professional can be blamed for the way he was going to kill himself and the fact that he did. He used a box jellyfish! Ouch!

Why You need a Medical Malpractice Lawyer

If you believe you are a victim of medical malpractice or hospital neglect and need to know how you can go about suing the negligent parties in your case, make sure to speak with a medical malpractice lawyer in Mecklenburg, North Carolina for a thorough evaluation of your case and the chance of filing a successful claim. Your legal pro will not only be able to file your lawsuit, gather evidence and present your case in trial in an effective manner but will also be able to summon a credible and reliable medical expert to testify in your favor during the trial. 

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