Medical Malpractice | October 19, 2022

What You Need to File a Malpractice Claim After a Delayed Cancer Diagnosis

Receiving a cancer diagnosis can be devastating. Depending on what stage your cancer is at, you may need only radiation treatment, or you may need surgery and chemotherapy.

If you’ve received a delayed cancer diagnosis (that is, your cancer was not detected in the early stages), then you may be able to file a malpractice claim. We’ll explain what you need to know about filing a malpractice claim after a delayed cancer diagnosis.

What is a delayed cancer diagnosis?

A delayed cancer diagnosis is basically what it sounds like – a doctor or other medical professional determines you have cancer when it has advanced to a later stage. The later a stage cancer is at, the harder it is to treat or cure.

A cancer diagnosis is considered delayed if you presented all of your symptoms to a doctor as soon as you noticed them, but the doctor failed to take any action, such as referring you to a specialist or booking blood tests or x-rays. A cancer diagnosis is not considered delayed (from a legal point of view) if you noticed symptoms for years but did not consult your doctor or any other medical professional until your cancer had reached an advanced stage.

What are some of the causes of a delayed cancer diagnosis?

These are some of the most common causes of a delayed cancer diagnosis:

It is misdiagnosed as another illness or disease.
Your doctor failed to recognize or screen you for cancer properly.
Your doctor failed to order the appropriate tests (e.g. blood tests or diagnostic tests).
Your doctor did not take a good family health history.
The results of diagnostic tests or imaging were incorrectly interpreted.

What evidence do I need to support a malpractice claim for a delayed cancer diagnosis lawsuit?

The key to a successful malpractice claim for a delayed cancer diagnosis lawsuit is the ability of the plaintiff to prove causation. In this situation, causation means cause and effect between one event or action (the doctor’s failure to diagnose cancer) and the result (cancer reaching an advanced stage).

The plaintiff must prove all of the following in regards to the patient:

That the patient was present when the doctor examined them.
That the patient would have been diagnosed earlier if their doctor had provided the expected standard of care.
That the outcome of the patient’s disease would have been more favourable with an earlier diagnosis.

It can be highly challenging for a patient to prove all of this on their own, which is why it’s important to talk to a medical malpractice lawyer before filing a delayed cancer diagnosis lawsuit.

How can Sommers Roth and Elmlaleh help me with a delayed cancer diagnosis malpractice claim?

At Sommers Roth and Elmaleh, we have over forty years of experience pursuing medical malpractice claims, including claims for a delayed cancer diagnosis.

If you’ve been subject to a delayed cancer diagnosis, you’re probably feeling overwhelmed by emotions and worried about what the future holds. You need to focus all your energy on getting better, which is why you should hire a medical malpractice lawyer to file a lawsuit instead of trying to fight your case on your own.

When you come to Sommers Roth and Elmaleh to talk to us about your delayed cancer diagnosis, we’ll explain:

Who a medical misdiagnosis claim (including a delayed cancer diagnosis claim) can be made against. A medical misdiagnosis claim is a civil claim that can be made against various medical professionals, including doctors, technicians, and nurses.
What needs to be done to have a successful malpractice claim. When it comes to a delayed cancer diagnosis claim, we must be able to prove that you were not provided with an expected standard of care and that your delayed diagnosis has had a significant impact on your health.
How we can help you obtain compensation for your delayed cancer diagnosis. Due to your delayed cancer diagnosis, you may face aggressive treatment, limiting your ability to work or requiring you to take medication that isn’t covered by provincial or private insurance plans. Compensation from your lawsuit can help you cover lost wages or expensive treatment.

At Sommers Roth and Elmlaeh, we can help you navigate the medical-legal system and provide you with the support you need to fight your delayed cancer diagnosis lawsuit.

A Delayed Cancer Diagnosis Can Be Devastating, But You’re Not Alone!

We’ve explained what a delayed cancer diagnosis is, what some of the causes of a delayed diagnosis are (such as not being appropriately screened for cancer), and what you need to file a malpractice claim after a delayed cancer diagnosis.

At Sommers Roth and Elmaleh, our experienced medical malpractice lawyers can explain to you how strong a medical malpractice case you have and your options for pursuing a malpractice claim for your delayed cancer diagnosis.

Contact Us to Learn More About Filing a Malpractice Claim After a Delayed Cancer Diagnosis

Whether you’ve been subject to a delayed cancer diagnosis, or another type of medical malpractice, we’re here to help. For a free consultation, call us at 1-844-414-0421 or contact us online.

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