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When Is a Missed Cancer Diagnosis Considered Medical Malpractice?

CancerA missed cancer diagnosis, or one that is severely delayed, can have a significant impact on the lives of patients. Some may experience progression or metastasis of their cancer, which may require more extensive treatment and cause undue suffering. Others may suffer a fatality because their condition has progressed beyond the point of treatment. Sadly, though, even in such instances, cases may not be considered compensable. Learn more about determining when a missed cancer diagnosis may be considered medical malpractice and discover what an attorney can do for you in your case.

Diagnostic Errors Versus Medical Malpractice

While physicians may be considered liable for some medical errors, the law does not hold them accountable for every diagnostic error. Instead, victimized patients (or their surviving family members) must prove three things to the courts to achieve success in their case:

  • That a doctor-patient relationship existed;
  • The doctor acted with negligence or they failed to provide reasonable and competent treatment;
  • The delayed or missed diagnosis caused an injury, death, or loss to the patient.

Under most instances, the first element is a given. As such, most medical malpractice cases hinge on whether the physician was negligent in their actions and if it caused injury or fatality to the patient.

Determining Negligence in a Medical Malpractice Case

Not even the most skilled physician can accurately diagnose every patient in every situation. There is simply too much room for error in the science of medicine, and doctors are only human. They are held to a minimum standard, however, and failure to adhere to it could render them liable for the losses or damages that a victim or their loved one has experienced. Sadly, it can be extremely difficult to spot negligence in a medical malpractice case. Alternatively, there may be situations in which negligence is obvious but the person responsible is not. In either case (as well as many others) victims need to know they have an advocate willing to help.

Contact Our San Jose Medical Malpractice Lawyers

If you or someone you love has experienced losses or an injury from a missed or delayed cancer diagnosis, contact Corsiglia, McMahon & Allard, LLP for assistance. Our dedicated San Jose medical malpractice lawyers can examine your case, explain your options, and aggressively pursue the most favorable outcome possible. Schedule your free consultation to get started. Call (408) 289-1417 today.

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Client Reviews
★★★★★
My experience with Attorney Brad Corsiglia during my recent medical malpractice case was nothing short of amazing given the very stressful circumstances. I was fortunate to find Brad highly recommended from a mutual contact and from the very beginning of the process, Brad was truly engaged and knowledgeable in understanding my case and providing input on what avenues were available to me. Michelle M.