Cancer Misdiagnosis- Medical Malpractice or Not?

The word “Cancer” is enough to give people goosebumps. Cancer is a highly fatal disease that has no known cure as of now. Some types of cancers are still treatable if they are detected at the right time. Therefore, this makes the correct diagnosis of cancer extremely important. If a doctor fails to warn you of the disease when it is still treatable, it can turn into a case of medical malpractice.

Imagine you feel discomfort in a certain part of your body and go to your doctor for a diagnosis. The doctor says it is nothing to worry about and prescribes a few OTC medications. This causes the discomfort to grow over time and the disease to worsen. When you visit your doctor after a few months, they tell you it is third-stage cancer.

If something like this has happened to you, you may be devastated. Allow a medical malpractice attorney in Miami to investigate your case and see what they can do to bring you justice. Click here for more information.

What comes under medical malpractice?


Medical malpractice is when professionals do not follow the standard measures and make an error that injures the patients or worsens their existing injuries. Not being able to detect or diagnose cancer is indeed a case of medical malpractice.

Cancer misdiagnosis may further cause the following problems

  • Misdiagnosis leads to delayed treatment.
  • Delayed treatment may be less effective because the injuries may have worsened with time.
  • The patient may require more aggressive treatment.
  • Cancer has grown due to the delay.
  • Cancer may not be treated at all.

What a reasonable doctor should do


Doctors have the duty to make sure they provide you with the medical industry’s standard of care. If they fail to do so, it means they are showing negligence. A reasonable and responsible doctor would use the proper methods and tools to diagnose the patient and consider all possibilities, including cancer.

However, not all cancers are easy to detect, even with the best technology, knowledge, and experience. In such cases, you will require the assistance of a medical expert to testify what a reasonable doctor would have done in a similar situation. The expert may also provide opinions on what the doctor should or should not have done to avoid the mistake.

It is okay for doctors to make mistakes unless they do not threaten the patient’s life. Some doctors may detect cancer but fail to detect the exact type. If you were misdiagnosed or have lost a loved one due to a misdiagnosis of cancer, you deserve justice. While monetary compensation cannot bring back someone’s life, it can provide a sense of justification.

A waiver is an agreement between two parties, where one party agrees not to hold the other legally responsible for any injuries caused by negligence. You might have signed a waiver when your children participated in after-school activities or before you went white-water rafting or skydiving. In effect, a waiver is an agreement that you are giving up your right to sue if injured.

Hospitals often include waivers when they get informed consent from a patient. If you are going in for surgery, the doctor should explain the procedure to you and inform you of the risks and alternatives. There will also be a statement claiming you agree you cannot sue if you are injured by the procedure.

Is the Waiver Valid?

This is the first question we ask. Pennsylvania requires that waivers be clear, unequivocal, and conspicuous. In short, the waiver should be presented in such a way that a reasonable person would know what they are signing and what rights they are giving up. If the waiver is ambiguous, then the ambiguity works against the party trying to use the waiver to block a lawsuit.

Some hospitals have overly-complicated waivers which are not clear, even to lawyers. The waiver might be tacked onto the end of multiple documents and not be something the patient even sees. In these situations, the waiver might be completely invalid.

Birth injury lawsuits come in as saviors helping compensate the mother and child’s family if the child gets injured during delivery. Birth injury lawsuits can help sue the doctors for negligence caused during a child’s birth.

A Miami medical malpractice attorney can help you get appropriate compensation in such cases. In this blog, you will see how a birth injury lawsuit can help the family pay the costs of child injury caused by a doctor.

What is a birth injury lawsuit?


The birth injury lawsuit helps one’s family get compensation for the injury caused by the medical professionals like cerebral palsy and other birth injuries helping to get financial help for the families. If doctors and nurses were responsible for medical negligence, the child suffered several injuries, and family members have the authority to file a case against the medical professional.

Why should one file a birth injury lawsuit?

Filing for a birth injury lawsuit is needed as the child’s parent can go under financial strain, and the expenses are way more than a typical injury. For example, cerebral palsy needs medical treatment, which is way more.

Not all parents’ families can afford to pay the injury cost, so it is essential to seek a birth injury lawsuit as soon as possible. It also helps a child’s well-being and a safer future and has nothing much to worry about in the future.

The lawyers help you show the entire plan with proper research and the advantages of getting a child care plan. With the support and thorough investigation from the birth injury lawsuit, it gets more accessible for the families to win the case and get compensation. Also, it can put the medical professionals/ doctor’s behind bars or can screw their entire career.

Birth injury statute of limitations


Statute of limitation is fundamental when filing for a birth injury lawsuit how it works and how much time it takes for the whole procedure from documentation to filing etc. The statute of limitation can vary from place to place, and some areas might take less time, and other sites might take a little longer depending on the government and the lawsuit entitled.

Therefore It is imperative to hire a lawyer who is a thorough professional with research and easygoing. Ensure the lawyer is trustworthy and concentrates on winning the case by hook or crook. Contact an attorney today.