Cancer misdiagnosis is often devastating. It is among the most common and catastrophic forms of medical malpractice, as it allows cancer to progress due to delayed treatment. The consequences can be severe or even deadly.
A failure-to-diagnose attorney can help you hold negligent medical providers financially responsible under the Indiana Medical Malpractice Act. Speaking with our Brownsburg cancer misdiagnosis lawyer can help you understand your rights.
Medical malpractice occurs if a health care professional, such as a doctor, radiologist, or hospital, causes harm to patients by failing to meet the professional medical provider standard of care accepted by the medical community. Cases of cancer misdiagnosis typically involve failure to properly recognize symptoms or run the appropriate tests, as well as dismissing warning signs such as persistent pain or unexplained weight loss. Physicians train for years to learn how to recognize abnormalities and when to follow up promptly. Types of cancer that are more prone to misdiagnosis than others include:
If they fail to do so, that can be grounds for legal action. Importantly, a delayed diagnosis that occurs while following proper protocols is not necessarily malpractice. With the help of our Brownsburg lawyers, your cancer misidentification claim must demonstrate that they caused the mistake by not meeting the acceptable standard of health care.
To successfully establish liability and obtain a settlement, you must show that the provider owed you a duty of care. Your lawyer can provide documentation showing that there was a doctor–patient relationship. Evidence must also establish that the provider breached their duties by deviating from the standard of care while treating you and the violation directly harmed you.
One example of this breach of duty is evidence that the cancer spread as a result of the delay in diagnosis. You must show that you suffered verifiable damages and losses due to the provider’s inadequate medical treatment. Recoverable damages include additional medical costs, lost wages, and pain and suffering. A knowledgeable Brownsburg cancer misdiagnosis attorney can investigate to gather the evidence needed to establish liability.
State laws require that those seeking damages for medical malpractice complete a pre-suit requirement to encourage early settlements and reduce frivolous claims. According to the Indiana Medical Malpractice Act, the injured patient must prepare a complaint detailing the allegations of malpractice and submit it to an independent body to evaluate the merits of the claim. You must include all applicable case details, such as the date of treatment, a description of the incident, and the parties involved. Your Brownsburg legal team must also file your medical malpractice complaint within the statute of limitations.
The independent panel consists of three impartial medical providers in a relevant field of medicine, who review the submission and issue a decision. Both sides submit evidence, including expert opinions, medical records, and any applicable affidavits for review. The panel’s objective is to determine whether there is evidence supporting a breach of the standard of medical care. After reviewing the case, the medical panel will issue a decision.
If you suffered injuries and other damages because of medical malpractice, you can pursue legal action and seek monetary damages from the responsible parties. Nobody visits a professional health care provider expecting to suffer harm. Unfortunately, it happens more often than most believe.
Our experienced Brownsburg cancer misdiagnosis lawyer can help you investigate, build a strong case, and deal with the complex legal system while fighting for the best possible outcome. Contact Flescher, Stark, Tanoos & Newlin today and schedule a consultation to review your case.
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