Who is eligible for Cancer Misdiagnosis Negligence Claims?
Cancer is that chronic and intimidating disease, which nobody ever wants to think of. You won’t believe but it is a sad reality that cancer misdiagnosis negligence claims are filed almost as frequently as surgical error claims. It could be either false negative or false positive cancer diagnosis which can lead to misdiagnosis negligence claims. So, this implies that over and above the risk of a medical practitioner missing out existing cancer, or not diagnosing it timely, there are the chances that practitioners will diagnose a person with cancer when actually it’s not like that.
If we observe the serious emotional, physical or financial damages implied by false positive cancer diagnosis, the significance of cancer misdiagnosis negligence claims is warranted. By and large, the false positive cancer results come from either an improper testing method or inaccurate analysis of test results, which is termed as medical negligence. However, what more alarming in this case is that cancer misdiagnosis is not uncommon all together, so is true for misdiagnosis negligence claims. According to an estimate, more than 40% of initial cancer diagnosis is faulty, which needs retesting in order to make right identifications. Thus, it’s highly significant that physicians recommend potential cancer patients a second test before verifying the presence of this disease. But what if second test is also inaccurate; that’s where actual harm stems from.
Sometimes patients do not take too long to realize this medical negligence and make misdiagnosis negligence claims, but often they remain unaware of this negligence and start taking cancer treatment as prescribed by the doctor. Think of painful chemotherapy, surgeries and radiation therapies used to treat cancers –these treatments could be beneficial for fighting cancerous cells but how detrimental these treatments could be for healthy cells? And who is to file misdiagnosis negligence claims against? Depending upon the situation, it could be a lab technician responsible for wrongly analyzing the test or a doctor who ruthlessly confirmed the disease without considering retests.
Though, patients making false positive cancer misdiagnosis negligence claims are lucky in that they don’t have cancer in reality, but their sufferings are not less than those with false negative cancer diagnosis. Thus in both cases, patients are eligible for initiating misdiagnosis negligence claims and demand legal compensations for all of their inflicted damages. Court decides the compensation amounts after thoroughly considering all aspects of losses and injuries endured by claimants. Apart from present suffering of the misdiagnosed patients, future implications are also taken into account for evaluating intensity and gravity of damage done by medical negligence.
Many patients, after being diagnosed with cancer, might have been dismissed or resigned from their jobs, and many of them might have to spend their saving or take loans to meet exorbitant expenses of cancer treatment. And the legal charges of misdiagnosis negligence claims are in addition. Malpractice law pay heeds to all these aspects. Though you have suffered because of medical negligence that you were not expecting, you can at least prevent future losses via filing misdiagnosis negligence claims and exposing negligent medical practitioners before court.