In the fight against cancer, early diagnosis is the key. When something is wrong, you trust your doctors to give you the advice and care you need to return to feeling like yourself again. However, when a trusted medical professional fails to properly diagnose a serious medical condition like cancer, your health and life may be in jeopardy.
At Bullock Ward Mason, LLC, our medical malpractice attorneys understand how medical errors and the careless actions of medical professionals can cause devastating consequences for patients, especially those whose cancer has been misdiagnosed. Many cancer treatments depend on early detection to achieve the best possible prognosis. Delaying treatment because of a misdiagnosis can create medical complications that can impact your quality of life and potentially lead to death.
If a doctor or medical professional failed to diagnose your cancer or did not detect the disease promptly, you may be eligible to file a medical malpractice suit. At Bullock Ward Mason, LLC, our medical malpractice attorneys are ready to answer your questions and provide compassionate support during this challenging time. To arrange a legal consultation to discuss your options for recovering compensation, contact our office today by calling (833) 296-5291.
How a Medical Malpractice Attorney with Bullock Ward Mason, LLC Can Help
Medical malpractice cases are complicated. Proving a cancer misdiagnosis can be challenging and requires intensive research, potential witness testimony, and mountains of medical documentation. When a patient is battling cancer, the last thing on their mind is battling a medical provider or powerful hospital for the compensation they deserve.
That’s where the legal team at Bullock Ward Mason, LLC can help. Our bold women attorneys are ready to move mountains to help you get the justice and money you deserve following a medical misdiagnosis. Our skilled medical malpractice team can help you navigate a medical malpractice lawsuit by:
- Thoroughly reviewing your situation
- Outlining your legal options for recovering compensation for your financial losses
- Collect vital evidence about your medical condition and medical malpractice case
- Devise a compelling legal strategy based on evidence
- Manage communication between you and other parties involved in the case
- Negotiate aggressively on your behalf
- Prepare a medical malpractice case for trial when necessary
A cancer diagnosis can be devastating, especially when you know a medical professional could have potentially caught the disease earlier. At Bullock Ward Mason, LLC, we want you to know you are not alone. Our team wants to stand up for you and protect your rights, helping you negotiate this challenging time with grace and sensitivity.
Cancers that are Commonly Misdiagnosed
Cancer is a disease caused by the uncontrollable growth of cells in the human body. Cells in the body grow and multiply in a process called cell division. Cell division is a typically orderly process where healthy cells grow and divide when needed and replace old, damaged cells as they die. Sometimes, the orderly process goes haywire, and abnormal or damaged cells grow uncontrollably, forming tumors. These cells, growing unchecked, can also spread to other areas of the body, causing devastating medical complications and potentially death.
Unfortunately, cancer can start almost anywhere in the human body. Cancer symptoms may manifest in various ways and sometimes mimic the signs of other diseases. Some of the most common types of cancer that medical care providers misdiagnose include:
- Pancreatic cancer
- Skin cancer
- Lung cancer
- Ovarian cancer
- Cervical cancer
- Breast cancer
- Thyroid cancer
- Colon cancer
- Bone cancer
- Lymphoma
- Leukemia
Misdiagnosing cancer or failing to diagnose the disease in its early stages can cause incalculable harm to a person, both physically and emotionally. If you or a loved one suffered due to a misdiagnosis, you may be able to hold the careless medical provider accountable and recover meaningful compensation for your losses.
How Does a Cancer Misdiagnosis Occur?
As a patient, you trust your doctor or healthcare provider to protect your health and do what’s best for you. It can take time to realize that your trusted provider misdiagnosed you or a loved one. Unfortunately, time is critical when diagnosing and treating cancer, especially particularly aggressive strains of the disease.
Studies indicate that cancer misdiagnoses represent as many as 46 percent of primary care diagnosis errors. Other studies suggest high misdiagnosis rates for lung cancer, colorectal cancer, and melanoma in particular. So how do physicians and medical providers fail to diagnose cancer in the patients they treat? Some of the most common causes of a cancer misdiagnosis include:
- Failing to order suitable diagnostic tests
- Failing to order suitable laboratory tests
- Selecting the wrong types of diagnostic tests
- Failing to listen to a patient and investigate their continued symptoms
- Misinterpreting diagnostic tests or lab results
- Documentation errors that result in the loss of a patient’s medical file or diagnostic results
- Failure to recognize signs and symptoms of the disease
- Failure to recommend cancer screening
If you suspect something is wrong or are not receiving the information you need to make educated decisions about your medical care or treatment, do not hesitate to seek a second option.
Compensation for a Cancer Misdiagnosis Case
Have you suffered additional harm or injury because of a misdiagnosis by a medical professional? You could be entitled to seek compensation for your financial losses through a medical malpractice lawsuit. Most patients can pursue compensation for their economic and non-economic losses. Economic damages are compensation for your measurable financial losses, including:
- Current medical expenses
- Future medical expenses
- Lost wages
- Loss of earning capacity
Non-economic damages are compensation for the more subjective intangible losses that accompany medical malpractice and account for a person’s quality of life changes and mental suffering. These damages may include money for the following:
- Emotional anguish
- Loss of enjoyment of life
- Loss of consortium
- Pain and suffering
Georgia does not cap or limit the amount of money a person can recover for economic damages. However, the state did limit the money a person could recover to compensate them for their non-economic damages. Until 2010, the non-economic damages cap set by the state was $350,000. For claims against multiple liable facilities or providers, the cap was $700,000. Recently, the Georgia Supreme Court struck down the cap on non-economic damages, deeming it unconstitutional.
To better understand how much money you could recover from a cancer misdiagnosis lawsuit, discuss your unique case with an experienced medical malpractice attorney with Bullock Ward Mason, LLC.
Statute of Limitations for Medical Malpractice Cases
Treating cancer can feel like a battle that you must give your full time and attention to fighting. Unfortunately, no matter your condition, some states limit the time you have to mount a legal battle against a facility or medical provider accused of misdiagnosis or medical malpractice. Patients wishing to pursue compensation for their financial losses related to a misdiagnosis must file a medical malpractice lawsuit within two years of the date of injury or death arising from a wrongful act or omission.
However, some laws also stipulate that in cases where medical errors occur, a medical malpractice case must occur within five years of the date of the wrongful act or omission. This law is known as the statute of repose. It may apply to cases where harm to a patient does not immediately manifest or when medical malpractice causes a person’s death years after the initial treatment error.
Failing to file your case within the specified timeframe can jeopardize your case and result in a dismissal, meaning you have little chance of recovering meaningful compensation. Understanding when you must file a medical malpractice lawsuit can seem complicated. You should consult an experienced medical malpractice attorney immediately after recognizing an issue with your care. An attorney can advocate for you and manage vital deadlines so you can continue to focus on your health.
Medical Malpractice Lawsuit Requirements
In addition to meeting the time limit requirements outlined by some state laws, all medical malpractice lawsuits filed in, for example, Georgia, must include an affidavit prepared by a qualified medical expert. This expert affidavit must include a sworn option that your medical provider committed at least one negligent act. It must also offer a factual basis for forming that sworn opinion.
Failing to file your legal complaint with an Affidavit of Expert can lead to the dismissal of your lawsuit, again jeopardizing your ability to pursue maximum compensation. Sometimes, the court can allow you to correct the error and re-file. However, it is always best to file correctly the first time around.
Due to the strict guidelines and stipulations surrounding medical malpractice cases, get a skilled medical malpractice attorney as soon as possible. Trusting your case to the hands of a resourceful and experienced medical malpractice attorney increases your chances of obtaining a favorable outcome to your case.
Bold Women Are Ready to Move Mountains for You
Coping with a cancer diagnosis can be devastating. At Bullock Ward Mason, LLC, we understand your recovery should be your top priority. Facing a careless facility or medical provider can feel overwhelming and frightening during this time. However, our team believes you deserve justice and compensation for your losses. That’s why we are ready to fight for you.
Do you believe a careless medical provider is responsible for a cancer misdiagnosis? Please share your story with our seasoned attorneys. We can review your unique situation and offer you strategic advice on your best options for recovering compensation. Call our office today at (833) 296-5291 to arrange a confidential consultation.
Bullock Ward Mason, LLC has attorneys in:
- Alabama
- Arkansas
- Florida
- Georgia
- Mississippi
- Illinois
- Texas
- New Mexico
- Washington