When a medical professional fails to properly diagnose cancer, the consequences are often devastating. Delayed or incorrect diagnoses can cause serious harm. Cancer misdiagnosis is a serious form of medical negligence that can significantly affect a patient’s prognosis, treatment options, and quality of life.
Our Southfield cancer misdiagnosis lawyer could help pursue legal action against the responsible parties. Our experienced failure to diagnose attorneys could evaluate the situation, consult medical experts, and determine whether there are grounds for a medical malpractice claim. Injured patients may be entitled to compensation for the harm they have suffered, including physical, emotional, and financial losses.
Common Types of Cancer Misdiagnosis
Cancer misdiagnosis can take several forms, all of which may constitute medical malpractice if the physician failed to meet the accepted standard of care. These may include delayed diagnosis, in which the disease is allowed to progress because the diagnosis was not relayed in time. In some cases, there is a complete failure to diagnose, which allows the disease to continue to advance unchecked. Often, cancer is misdiagnosed as a different condition.
Misdiagnosis may result from a number of issues, including inadequate testing, misreading diagnostic images, ignoring patient systems, and failure to follow up on abnormal test results. A cancer misdiagnosis lawyer may investigate whether these errors occurred and if they contributed to the outcome.
Establishing Medical Malpractice in a Cancer Misdiagnosis Claim
Under Michigan law, a successful medical malpractice claim requires the plaintiff to establish several elements, including that a doctor-patient relationship existed. The claim must also demonstrate that the healthcare provider failed to meet the required standard of care and that this caused the condition or worsened it. To support these claims, Michigan law requires a signed affidavit from a qualified medical expert. This document will outline how the defendant breached the standard of care and provide information about what damages the victim may expect to experience. Our attorneys in Southfield could help a person secure all the elements needed for a cancer misdiagnosis claim.
In Michigan, medical malpractice victims also have two years following the date of the alleged negligence to file a claim according to Michigan Compiled Laws § 600.5805(8). The state also allows a discovery rule extension if the victim did not discover the injury until later. In these cases, the victim has six months following the discovery to make a claim.
Recoverable Damages in Cancer Misdiagnosis Claims
A person harmed by a cancer misdiagnosis may be entitled to compensation for economic and non-economic damages. Recoverable losses may include past and future medical expenses, lost wages, emotional distress, pain and suffering, and wrongful death damages.
Michigan law has a cap on non-economic damages in medical malpractice cases. The cap varies based on the level of harm caused by the injury. Additionally, Michigan does not allow punitive damages in medical malpractice claims.
Speak With a Southfield Cancer Misdiagnosis Attorney Today
Cancer misdiagnosis cases are among the most complex types of medical malpractice claims. They require a thorough understanding of both medical and legal principles, as well as access to qualified experts who can testify to the required standard of care. An attorney can collect medical records, consult with specialists, calculate the full extent of damages, and negotiate with insurance companies.
A delayed or incorrect cancer diagnosis can significantly worsen your life. If medical negligence led to a worsened outcome or loss, legal recourse is available. Speak with a Southfield cancer misdiagnosis lawyer to protect your rights and explore your legal opportunities. Call (248) 654-8807 today.
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