If you or someone in your family has been diagnosed with cancer, you understand the importance of early intervention and getting the right treatment as soon as possible. Cancer spreads quickly, and the chances of recovery depend on spotting the signs of cancer early on and making a correct diagnosis.
Have you lost a loved one to cancer that was misdiagnosed? Are you battling with the effects of late stage of terminal cancer because of a wrong diagnosis, failure to diagnose, or not receiving the proper treatment?
Your doctor’s actions may be a form of medical malpractice, which is negligence or substandard care by a medical professional that results in bodily harm or death to a patient. Whether you are the victim or lost someone to cancer due to malpractice, you may be entitled to monetary damages from a cancer misdiagnosis lawsuit.
Please contact our law firm today, where you can speak with a lawyer that specializes in medical malpractice claims. We look forward to hearing you story during a free, private consultation.
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Different Variations of Cancer
Believe it or not, there are over 200 different types of cancer that are based on characteristics such as location, cell type, age, gender, and genetic predisposition. However, some cancers occur with greater frequency than others, and as a result, they are more familiar to the general public. The most common forms of cancer include:
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Lung cancer
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Breast cancer
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Melanoma skin cancer
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Colon cancer
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Colorectal cancer
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Ovarian cancer
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Pancreatic cancer
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Prostate cancer
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Rectal cancer
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Lymphoma
What is Medical Malpractice?
More specifically, what is medical malpractice under California law? To put it simply, medical malpractice refers to a doctor failing to perform their medical duties in a competent manner. We must recognize that mistakes can happen, even if a doctor has many years of experience in their field. But there is a standard of care that is established by medical boards, and falling below this standard is what we are referring to when it comes to a doctor’s competence. Malpractice lawsuits can also involve reckless conduct and criminal acts, like fraud and assault.
Examples of medical malpractice include failure to properly treat a patient, failure to diagnose a medical condition, and not warning patients of side effects and risks (informed consent). Many claims for medical malpractice are filed by cancer patients and their families due to a missed diagnosis, wrong diagnosis of cancer, and failure to properly treat the cancer.
Making a Case for Medical Malpractice
If you suspect that you are a victim of medical malpractice, you must seek legal advice as soon as possible. A lawyer’s skill and experience are crucial to the recovery of evidence that will help you build a case against the medical provider. In order to establish an occurrence of cancer misdiagnosis medical malpractice, you must show:
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A patient-physician relationship existed between you and the doctor, which means they owed you a duty of care.
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The physical breached their duty of care via negligence or willful misconduct.
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The healthcare provider’s negligence caused you to suffer an injury or some other type of bodily harm
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Because of the harm that resulted from the doctor’ negligence, you have the right to seek monetary damages (cost of medical services, value of time lost at work, mental anguish, etc.)
Monetary Restitution for Medical Malpractice Victims
As someone who is suffering from cancer that was misdiagnosed, we can’t promise that money is going to undo all the damage that has been done to your body and mind. If you lost a spouse or family member of cancer, money certainly can’t replace the love and support you received from that individual. However, it’s clear that compensation is needed to pay for medical bills, lost wages, and other expenses that put a strain on you and your loved ones.
By suing your doctor and/or the medical facility for medical malpractice, you can receive multiple forms of compensation, which may include
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Lost income from your job or loss of expected savings
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Funeral expenses
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Pain and suffering
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Emotional distress
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Loss of consortium
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Attorney’s fees
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Punitive damages
Statute of Limitations to Sue for Medical Malpractice
The statute of limitations to file a medical malpractice lawsuit in California is one or three years, depending on your personal circumstances. Overall, the deadline is 3 years from whenever the act of malpractice occurred. However, California also has a discovery rule, which allows you to file a medical malpractice claim within 1 year of learning about the injury or health condition that was undiagnosed or misdiagnosed. Please note that your deadline for a lawsuit is based on whichever date comes first.
If you need help figuring out how long you have to sue for misdiagnosis of cancer, don’t hesitate to call us 24 hours a day, 7 days a week.
Help from a Medical Malpractice Attorney 
Those who are facing the prospect of terminal cancer or lost a loved one to cancer may feel like there is nothing they can do. However, that is not the case if your current suffering is the result of negligence by a healthcare provider.
We know you have a lot to deal with right now, but we encourage you to take a moment and contact our law firm. During a free consultation, you can learn about your rights and the legal actions that are available to you. If you decide that a lawsuit is right for you, we promise that you will pay $0 under the Zero Fee Guarantee. The cost of legal fees is included in the settlement you receive from the defendant, so winning your case is the only way we get paid.
The cancer misdiagnosis medical malpractice lawyers of Normandie are waiting to assist you, so please get in touch at your earliest opportunity.
More Information
Pancreatic Cancer Misdiagnosis Attorney to File Lawsuit for Medical Malpractice
Breast Cancer Misdiagnosis Attorney to File Lawsuit for Medical Malpractice
