When mistakes are made in diagnosing or treating cancer, patients can experience severe, even life-threatening, consequences. In this article, trial lawyer Alexander Petraglia explores when cancer misdiagnosis constitutes medical malpractice.
Table of Contents
What is Cancer Misdiagnosis?
Cancer misdiagnosis occurs when a medical professional makes a mistake or, for some other reason, diagnoses cancer incorrectly. The misdiagnosis can be related to the presence, type, or stage of cancer. It can happen when cancer exists in the patient but is missed by the doctor or other medical practitioner, or it can occur when the patient does not have cancer but is given medical treatments as if they do.
In short, a misdiagnosis occurs any time a trained medical professional, who should know better, comes to an incorrect conclusion about a medical condition. In some cases, a misdiagnosis could be considered negligent. Other times, there may not have been any way, given the available information, for a doctor to come to a different conclusion.
What are the Dangers of a Cancer Misdiagnosis?
The dangers of having cancer misdiagnosed can be grave. If, for example, a patient has cancer, but due to a misdiagnosis, they do not receive the medical attention they need to stop or slow the spread of cancer, there can be severe medical consequences. On the other hand, a patient who does not have cancer but undergoes surgery or other cancer treatments may have their lives permanently harmed because of a misdiagnosis.
A cancer misdiagnosis isn’t always just a question of whether or not the patient has cancer; it can also be a misdiagnosis of the type or stage of cancer. Suppose a medical professional determines that a patient is in stage two of a particular kind of cancer, but the disease has progressed much further in reality. In this case, that too could be a cancer misdiagnosis.
What is Medical Malpractice?
There are, of course, volumes of legal documents written to define medical malpractice. Still, in short, it happens when a health care professional causes an injury to a patient due to negligence on the part of the medical professional. The negligent act must violate a recognized standard of care, and the negligent act must result in serious damage to the patient.
When is Cancer Misdiagnosis Medical Malpractice?
An attorney specializing in medical malpractice is the best guide to determine if any specific case of cancer misdiagnosis should be considered malpractice. Generally speaking, however, if a medical professional makes an incorrect determination about the existence, type, or stage of cancer and then prescribes a course of treatment that, when carried out, causes serious harm to the patient, that is a case of cancer misdiagnosis medical malpractice.
What Should you do if you Suspect Malpractice?
Being represented by a qualified and experienced malpractice attorney, preferably one experienced in cancer cases, is crucial for cancer misdiagnosis. Determining if the misdiagnosis was negligent, if a standard of care was violated, and if serious harm occurred requires a thorough understanding of the law in that jurisdiction.
No one wants to take advantage of well-meaning medical professionals. Most deserve our respect and admiration for their accomplishments. But when circumstances meet the definition of cancer misdiagnosis medical malpractice, you must protect your interests, and a good attorney will help you do that.
About Alexander Petraglia
Alexander Petraglia is a licensed trial attorney dedicated to the vigorous representation of his clients. He currently works at Deters Law Office and has experience in both criminal defense and civil suits. Notably, Mr. Petraglia has completed Gideon’s Promise Trial Program, focusing on perfecting trial advocacy and client care. He gives it his all in every case to protect his clients’ liberty, health, and wealth.
