NOTE: Our law firm does not handle cancer misdiagnosis cases. This article is for informational purposes only. Information found in the article does not constitute formal legal advice and does not create an attorney/client relationship.
The word “cancer” strikes fear in the hearts of most people. Early detection is critical because some cancers can be successfully treated before they spread. A delayed or missed cancer diagnosis can have devastating consequences for patients and their families.
You put your life in the hands of your healthcare providers and trusted them to treat your condition or illness using a certain standard of care. If you’ve been misdiagnosed with cancer because a medical provider failed to live up to that standard, an attorney can assist you.
How an Attorney Can Help if You’re the Victim of a Cancer Misdiagnosis
With state-of-the-art diagnostic tools and tests at their disposal, doctors and other medical professionals have the ability to detect cancer earlier than ever. However, when they fail to use those tools or misread test results, their patients suffer the consequences.
An attorney can help you with your cancer misdiagnosis claim by:
- Determining why the misdiagnosis happened and who shares liability
- Thoroughly reviewing your medical records and other evidence
- Consulting with leading medical experts and specialists to build your case
- Negotiating on your behalf for a fair settlement
- Representing you in court if necessary
Medical malpractice is a serious problem that requires accountability. You may have to endure physical suffering, but you should never have to bear the financial costs that a negligent cancer misdiagnosis can bring.
If you think your doctor or other healthcare provider mishandled your cancer, speak with an experienced attorney. They can thoroughly evaluate your claim and determine whether negligence resulted in the misdiagnosis.
What Mistakes Can Lead to a Cancer Misdiagnosis?
There are two general types of cancer diagnosis: a false positive and a false negative. A false negative diagnosis is significantly more dangerous because the patient won’t receive timely treatment for a very real problem.
Not every cancer misdiagnosis is necessarily malpractice. Despite sophisticated technology, some cancers, such as brain and ovarian cancer, are difficult to spot until they’re in advanced stages.
A negligent cancer misdiagnosis occurs when a doctor or other medical provider fails to exercise a reasonable degree of skill and care in identifying and treating cancer.
Mistakes that can lead to a cancer misdiagnosis may include failing to:
- Analyze a patient’s medical history
- Prescribe diagnostic tests that would recognize cancer
- Properly interpret cancer screening tests
- Consider and examine the patient’s symptoms
- Direct the patient to a specialist for further evaluation and treatment
Whatever the cause, if you think you’re the victim of a cancer misdiagnosis in Atlanta, your lawyer will conduct their own comprehensive investigation and consult medical experts. If the misdiagnosis was the result of negligence, they will explain your legal rights.
How Long Do I Have to File a Lawsuit for Cancer Misdiagnosis in Georgia?
Under Georgia’s statute of limitations, you generally have two years from the date of the negligent act to file a medical malpractice lawsuit, but the state’s statute of repose generally bars claims filed more than five years after the negligent act or omission, regardless of when the injury was discovered.
Similarly, if your loved one died as a result of a negligent cancer misdiagnosis, you have two years from the date of their death to file a wrongful death claim.
There are some limited exceptions, which is why it’s extremely important that you consult with a seasoned medical malpractice attorney in Atlanta as soon as possible. If you miss the deadline, your ability to get compensation will be forever barred.
Legal Considerations After a Delayed Cancer Diagnosis
Diagnosing cancer as soon as possible can be a matter of life and death. When it is identified early, your medical team can aggressively treat it, possibly improving your prognosis significantly.
If you believe that you’re the victim of a cancer misdiagnosis or a delayed diagnosis, you have important decisions to make, including seeking medical care and securing legal representation.
A lawyer can discuss the facts of your case, review your medical records, and provide you with a straightforward and honest assessment. If they determine that negligence led to the misdiagnosis, they’ll develop a legal strategy that fits your needs.
Visit Our Medical Malpractice Law Office in Atlanta, GA
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346
(770) 390-7550
(678) 990-6665
