Cancer Misdiagnosis Compensation
Have you suffered due to cancer misdiagnosis? You may be able to receive compensation for your damages. Here is some important information regarding cancer misdiagnosis compensation in San Antonio.
Cancer Misdiagnosis Compensation | Statute of Limitations
Generally, medical malpractice claims must be filed within two years of the date of cancer misdiagnosis or the date of the mistake for a patient over 12 years of age. In most cases, the patient doesn’t learn of the mistreatment or misdiagnosis for months or even a year or longer. Many patients cannot pursue a cause of action because two years or more have elapsed from the date of the “mistake” or “error.” In some cases, a cause of action may be possible even if mistreatment or misdiagnosis occurred two or more years prior. Minors under the age of 12 get until their 14th birthday to bring a cause of action. It is very important to consult with an attorney as soon as you are made aware that a mistake was made in your treatment or diagnosis to avoid having your claim barred because of the statute of limitations.
Cancer Misdiagnosis Compensation | Is It Medical Malpractice?
The second issue is whether a proper diagnosis or proper treatment would have changed the outcome or course of treatment. In many cases the outcome, to the patient, would have been the same. The patient would have had to go through exhausting treatments or the patient would have succumbed to the cancer even if there was no malpractice. This is difficult for many people to accept. In many cases, the misdiagnosis or mistreatment lessened or decreased the patient’s chance for survival. However, the Texas Supreme Court, has ruled that there is no cause of action for “lost chance of survival”; therefore, it is necessary to prove that the patient would have survived if the mistreatment or misdiagnoses had not occurred. Another way to look at this second issue is whether some act of the treatment provider caused an injury because of a delay in treatment.
Cancer Misdiagnosis Compensation | Lasting Injury
The third issue is determining whether the patient suffered a compensable injury. In order to establish that the patient has a claim against the health care provider it needs to be established that: the health care provider’s duty was to the patient, the health care provider violated that duty, the patient became injured, and the health care provider’s violation was the proximate cause of injury to the patient. The injury has to be significant enough to justify spending the time and money required pursuing a cause of action against a health care provider.
Cancer Misdiagnosis Compensation | Negligence
The fourth issue is whether the medical professional(s) erred or failed to act in such a manner that the conduct failed to meet the appropriate standard of care under the circumstances. Furthermore, the health care provider’s breach must have caused the injuries. Top medical professionals specializing in pertinent fields are hired to make this determination. In cases that involve cancer treatment, we may retain the services of: oncologists; radiologists; forensic pathologists; or any other specialists needed to evaluate the patient’s treatment.
If you have any questions or concerns related to cancer misdiagnosis compensation, please contact our experienced San Antonio medical malpractice lawyers today to schedule a free consultation.