Many types of cancer are curable - particularly if caught early. For example, if a breast cancer diagnosis is made at Stage 0 or I, the five-year survival rate is close to 100 percent. However, if the diagnoses is missed, the chances for a better outcome decline. At Stage IV, for example, the five-year survival rate is typically less than 20 percent. Early diagnosis is therefore key. A missed or delayed diagnoses of cancer due to medical negligence is therefore often actionable in Utah and other states.
Delayed or misdiagnosed cancer cases often involve common causes. These include the misinterpretation of chest x-rays, mammograms, PAP smears, and other tests. Other negligent causes of a delayed diagnoses might include a physician minimizing or ignoring patient complaints, relying on a less than definitive means of diagnosis when a definitive test, such as a biopsy, is available. Sometimes doctors might improperly assume patient complaints have a "benign" cause. For example, they might attribute rectal bleeding to hemorrhoids when the symptoms might warrant further testing and investigation.
Missed diagnoses of cancer cases involve a loss of chance for a better outcome. These are real and tragic injuries. In most states, this loss is actionable.
Determining if a valid claim for a missed or delayed diagnoses is a complicated issue, involving both questions of law and medicine. In most states, to win a claim for medical malpractice, the plaintiff must prove that the standard of care was breached by the medical professional. The "standard of care" is generally defined as what a competent and reasonable professional of the same specialty would do under the same circumstances. The standard of care must usually be established through expert witnesses who are qualified to provide medical opinions. The plaintiff must also show that the malpractice caused damages or harm. This is also generally established through expert testimony.
Delayed or misdiagnosed cancer cases often involve common causes. These include the misinterpretation of chest x-rays, mammograms, PAP smears, and other tests. Other negligent causes of a delayed diagnoses might include a physician minimizing or ignoring patient complaints, relying on a less than definitive means of diagnosis when a definitive test, such as a biopsy, is available. Sometimes doctors might improperly assume patient complaints have a "benign" cause. For example, they might attribute rectal bleeding to hemorrhoids when the symptoms might warrant further testing and investigation.
Missed diagnoses of cancer cases involve a loss of chance for a better outcome. These are real and tragic injuries. In most states, this loss is actionable.
Determining if a valid claim for a missed or delayed diagnoses is a complicated issue, involving both questions of law and medicine. In most states, to win a claim for medical malpractice, the plaintiff must prove that the standard of care was breached by the medical professional. The "standard of care" is generally defined as what a competent and reasonable professional of the same specialty would do under the same circumstances. The standard of care must usually be established through expert witnesses who are qualified to provide medical opinions. The plaintiff must also show that the malpractice caused damages or harm. This is also generally established through expert testimony.
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