No one ever wants to receive news that they have been diagnosed with cancer.
Understandably, you might immediately wonder how severe your cancer is and how far it’s spread.
Timely diagnosing cancer is crucial as it can impact your chances of recovery, and hopefully, remission.
Did the doctor diagnose you timely, or was there a delay? What if you don’t have cancer, but the doctor says you do?
If you are the victim of a misdiagnosis of liver cancer, you could have a claim for damages.
Can You Sue for a Misdiagnosis of Cancer?
A liver cancer misdiagnosis is more common than you think. If your doctor delayed your diagnosis or made a wrong diagnosis, you may have the right to sue.
Many prospective clients want to know the average payout for cancer misdiagnosis. However, each case is different and will resolve for different amounts. That is why you should speak with a skilled New Mexico medical malpractice lawyer at Poulos & Coates, LLP.
Not all situations involving a misdiagnosis will lead to a medical malpractice lawsuit either. You need an experienced legal advocate on your side who can advise you on the best course of legal action.
Proving Misdiagnosis of Liver Cancer
You need to prove medical negligence before you can potentially receive any compensation for a liver cancer misdiagnosis.
Elements of medical negligence include providing evidence that:
- There is a “doctor-patient” relationship;
- The medical provider acted negligently, which led to a failure to timely diagnose your liver cancer;
- This negligence caused you harm; and
- The misdiagnosis resulted in damages.
Proving medical negligence is complicated. It would be best to have a lawyer who has experience trying medical malpractice cases in court.
A misdiagnosis can occur even when the treating physician is fully competent and/or ordered the proper tests. If you cannot prove negligence against the medical provider in question, you won’t be able to collect any compensation.
Examples of potential medical negligence include:
- A doctor failed to identify liver cancer symptoms that are reasonably apparent and would’ve been identified by a similar medical professional;
- A doctor failed to order necessary cancer tests, despite the presence of certain symptoms that would lead to a similar doctor ordering these cancer tests;
- The lab did not identify or analyze abnormal cell activity, such as a tissue biopsy that had abnormal growth patterns;
- A doctor failed to use standard procedures or protocols when conducting the cancer tests that led to testing errors;
- A doctor failed to properly interpret testing and imaging when assessing the possibility of liver cancer in you; and/or
- The doctor ignored lab recommendations to order additional tests based on lab results.
These are just a few examples of potential situations leading to a liver cancer misdiagnosis.
There’s also a chance that a patient could receive a false positive diagnosis.
A false positive diagnosis, while rare, often leads to a patient receiving multiple months of unnecessary medical treatment, including chemotherapy and/or radiation. If you receive a wrong diagnosis that causes you to undergo cancer surgery or treatment, you could suffer additional harm.
Contact a New Mexico Medical Malpractice Lawyer
If you believe you have a valid misdiagnosis of liver cancer case, it’s crucial to speak with a New Mexico medical malpractice lawyer right away.
Poulos & Coates is the only New Mexico law firm that focuses solely on medical malpractice claims.
We understand the challenges of proving medical negligence, especially in cancer misdiagnosis cases.
You don’t have to go through the claims process alone. Let our experienced team prepare the strongest case possible. We will fight to protect your rights and resolve your case for the maximum compensation possible.
Contact our office today to schedule an initial consultation to learn how we can help.