Diseases Cancer

How To Know When You Need a Cancer Lawyer For Malpractice


A cancer lawyer is someone who can be called whenever problems on treating cancer patients occur. Usually, a cancer lawyer is the one who battle legally to assert the rights of the cancer patients or fight for malpractice that causes the failure of the operation which leads to the death of the patient. Statistics shows that there are over 15.8 million people who are misdiagnosed with cancer, which results to a massive injury to the cancer patient and even worse that leads to their deaths, which really calls for the need of a cancer lawyer. And cancer misdiagnosis is the second reason in medical malpractice (after heart conditions) why most families, relatives and the patients themselves seek the assistance of a cancer lawyer. Unfortunately, medical negligence can mean a delayed cancer diagnosis. Misdiagnosis that can lead to wrong treatments, and delayed diagnosis that can lead to further injury or even worse death that is devastating to patients and their families, let alone the deadly consequences. Early diagnosis is a major factor in the outcome of most cancers. This type of medical malpractice often leads to cancer malpractice cases and resulting lawsuits. When this happens, the need to have a cancer lawyer is really much needed to be able to dissect all the procedures and case studies done to the patient, thus will lead them to finding out what went wrong. A cancer lawyer is a great help especially if the patient and family feel that the doctor or doctors did something wrong or if the condition of the patient was not thoroughly discussed.

Here are the five Steps to guide the cancer lawyer on to how to defend patients with misdiagnosed cancer.

Step 1

The doctor has an obligation to care for the patient but failed to do so. In such case, cancer lawyer can gather information and defend their client.

Step 2

Failure to understand, notice or failure to act in the best interest of the patient and the nature of the patient’s complaints, such as headaches being thought as simple or common headaches.

Step 3

The breach of standard of care that can cause injuries or apparent injuries. This lack of act has adverse ramifications on the patient. The result of a wrong diagnosis is the result of treating the patient with wrong treatment that can cause apparent injuries to the patients.

Step 4

The damage sustained by the patient, suffered a loss which could be either physical, mental or both and giving the wrong medications or chemotherapies to patients. Say for example giving high radiation, treatment that uses high energy rays to fight cancer cells, with the misdiagnosed part, and wrong dose of medications can lead to consequential body damage.

Step 5

The doctor's evident misdiagnosed of the cancer. For example, a non-cancerous (or benign) tumor is identified as malignant (cancerous). Plaintiff must also show that the delay in diagnosis within reasonable medical probability adversely affected the patients. Thus, claims involving small delays of 3-6 months are unlikely to be filed. Instead, typically, the plaintiff will show a difference in stage and therefore treatment options and survival based upon the delay.


Indeed, cancer lawyer plays a vital role in medical aspect.

By Seth Evan, published at 02/15/2012
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