Full Answer
Getting Help in Misdiagnosis Cases If a doctor made mistakes during your diagnosis and the error resulted in injury, death, or damages, you may be eligible for compensation. However, the patient must prove that the negligence by the competent doctor caused the injuries.
The standard statute of limitations for a medical malpractice lawsuit in Georgia can be found at section 9-3-71 of the Georgia Code, and it says "an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred."
Cancer misdiagnosis can have devastating results for the patient. In cases where cancer is not identified or mistaken for another disease, patients may miss a critical window for treatment. As a result, the patient may experience severe worsening of their condition or death.
Cancer misdiagnosis victims may be able to file a medical negligence, or medical malpractice, lawsuit against the doctor or other party responsible for the cancer misdiagnosis. When filing a lawsuit against another party, the patient or patient's family is referred to as the plaintiff.
two yearsIn Georgia, the statute of limitations on medical malpractice cases is normally two years from the date of injury or death. This means that you have until the second anniversary of the date that you were harmed by a medical professional to file a lawsuit in pursuit of compensation.
A: Medical malpractice occurs when a medical professional breaches his or her duty to the patient, and as a result of this breach, the patient suffers harm.
1. Lymphoma. According to research conducted by the National Coalition on Health Care and Best Doctors, physicians in the U.S. believe that lymphoma is “the most misdiagnosed cancer,” Boston Magazine reported.
It is estimated that approximately 10 to 20 percent of all cases of cancer are misdiagnosed.
According to research from The Johns Hopkins Hospital, as many as one in every five cases of cancer is wrongly classified. Why does this happen? Despite medical technology advancements, the process of diagnosing cancer often still revolves around a doctor looking at slides under a microscope.
Therefore, if a doctor misdiagnoses your illness or medical condition, and this leads to unnecessary suffering or pain, you can sue them for medical negligence.
A study by the National Coalition of Health Care (NCHC) and Best Doctors revealed that over 60% of doctors believed cancer misdiagnosis occurred in at most 10% of all cases.
Many have fulminated against oncologists who lie to patients about their prognoses, but sometimes cancer doctors lie for or with patients to improve our chances of survival.
Under traditional medical malpractice rules, a doctor may only be held liable for a patient's death due to malpractice if the doctor's malpractice was a "substantial" factor in the patient's death. Under the "loss of chance" doctrine, the family of a patient whose chances of survival dropped due to a delayed diagnosis may hold the medical professional liable for the lost chance, even if the delayed diagnosis was not a "substantial" factor in the patient's death. The rule improves the chances that the victim’s family will receive compensation, because it factors in the loss of life that resulted from the delay.
When a cancer diagnosis is missed or delayed due to negligence, precious time is lost. The treatments that remain available may be more invasive, causing additional pain and suffering.
A qualified cancer misdiagnosis lawyer will thoroughly examine your case to determine the best way to help you and your family. Please contact us at (855) 866-5529 or fill out our online contact form.
Cancer misdiagnosis can occur when a doctor wrongly informs a patient that he/she has cancer. A false diagnosis can subject patients to unnecessary painful and expensive treatments. While sometimes necessary in order to attack cancerous cells, treatments like chemotherapy and radiation can cause permanent damage to someone who did not require them in the first place. In addition to the physical toll, cancer treatments come with an immense financial cost that may not be entirely covered by insurance.
Lymphoma. Mesothelioma. Ovarian cancer. Pancreatic cancer. Prostate cancer. Skin cancer. Testicular cancer. Uterine cancer. If you or a loved one have suffered serious injury or death because of cancer misdiagnosis, you may be able to seek compensation through a medical malpractice lawsuit.
While diagnostic errors and medical misdiagnosis can happen in the event that patients have a rare disease or a disease which presents non-specifically, there are instances where patients are misdiagnosed due to negligence or carelessness. The following conditions are commonly misdiagnosed:
I have read the Disclaimer and Privacy Policy Information you send to us in an e-mail or via a contact form on the website. We may retain your e-mail and any subsequent communication. E-mail may not be secure, and does not constitute an attorney-client relationship.
Matt has been a warrior during our long and difficult battle for justice.
Kathy McArthur is a medical negligence lawyer who has been litigating medical malpractice cases for 40 years. She understands exactly how serious a delay in diagnosis or misdiagnosis can be for patients. She has always had a great respect for doctors and the medical profession; her husband Dr. Waldo Floyd III is an orthopedic surgeon in Macon. He often reviews the cases with Kathy when potential clients first come in with their medical records for an initial consultation.
Doctors and all health care practitioners have a specific duty to their patients to act in accordance with accepted medical practices when diagnosing an illness or disease. When doctors or medical professionals fail to follow the standard of care in diagnosing an illness, particularly cancer, the patient loses valuable time for treatment and healing. For some, a misdiagnosis or delayed diagnosis due to a doctor mistake could mean they missed their opportunity for effective treatment. In this situation, the heath care professional may have committed medical malpractice when he or she misdiagnosed a disease or failed to diagnose an illness.
We are a husband and wife legal team – when we leave the office, we don’t leave the work behind- we take every case home with us
When we visit the doctor, we place our trust in someone who has the specialized training necessary to identify and treat medical issues. However, doctors can commit mistakes when examining patients, leading to a misdiagnosis.
Under Georgia’s statute of limitations for medical malpractice claims, you have two years from the date of your misdiagnosis to file your lawsuit in civil court. If you file past your deadline, the court will dismiss your case and you will not be eligible for financial compensation.
For medical malpractice to occur, the doctor or other healthcare provider in your claim must commit an act of negligence. To secure your settlement, you must prove that negligence occurred by proving the following three elements:
The Atlanta medical malpractice attorneys of Hilley & Frieder, P.C., we have helped clients throughout the area to hold negligent doctors, hospitals, and clinics accountable for the harm they cause when misdiagnosis of serious medical conditions occurs.
By bringing a personal injury lawsuit against a negligent doctor, physician, or hospital, you are not only protecting your right to compensation but also helping to prevent a future misdiagnosis from occurring down the line.
Medical malpractice is a serious issue that needs to be dealt with immediately. Contact us by calling (404) 233-6200 to speak with an Atlanta medical misdiagnosis lawyer regarding your misdiagnosis or fill out our convenient online form.
A diagnosis of bladder cancer can often be delayed because it may confused or assumed to be symptoms of other conditions such as a urinary tract infection, bladder infection, cystitis, overactive bladder, and/or pyelonephritis. Key questions to consider are:
Kidney cancer can be difficult to diagnose because some symptoms are very similar to those of other illnesses, most notably kidney infections and/or cysts. If someone has symptoms associated with kidney cancer, then it is important for a doctor to take a detailed history and determine if more test are appropriate. Questions to consider are:
Skin cancers are the most common type of cancer, but fortunately, they generally have a good survival rate. Suspicious skin changes are investigated with a biopsy, but skin changes first need to be identified. Doctors are therefore responsible for taking a proper a history and explaining to a patient the type of skin changes to look for. Doctors must also order a biopsy when appropriate, and use proper techniques and analysis to evaluate it.
Medical misdiagnosis can take many forms and may lead to other errors by the physician or medical staff. These may include:
Compensation for medical diagnosis usually takes the form of monetary damages. The injured person may be entitled to reimbursement for medical costs, treatment, and medications associated with the misdiagnosis. Also, they may also be entitled to receive lost wages and other damages that might be related to the misdiagnosis.
Medical misdiagnosis claims are important and should be taken very seriously. A misdiagnosis can often result in unnecessary injury or even wrongful death. If you or your loved ones have been affected by a medical misdiagnosis, it is important that you contact a personal injury lawyer for advice.