Failing to diagnose lung cancer or promptly diagnose the condition could have grave consequences for patients and their families. A late lung cancer diagnosis can be a matter of life or death for people with the disease.
If you recently learned that you or a loved one has lung cancer that could have been caught earlier, you may be able to take legal action against your health care provider and other liable parties. You should not have to suffer the consequences of a late or failed diagnosis or pay for them on your own.
If you are interested in exploring your legal options, a Bolingbrook failure to diagnose lung cancer lawyer with Pintas & Mullins Law Firm can advise you further on your situation. Call us today for a free consultation at (800) 217-6099.
How Someone Fails to Diagnose Lung Cancer
Patients trust medical professionals to take their health seriously and find the best treatments to improve their medical conditions.
When a medical professional fails to diagnose a patient, it could mean a physician did not listen to a patient’s concerns or look at their symptoms more closely, especially if they know the patient’s age, medical history, and risk factors for certain diseases.
Other examples of negligence on the part of a medical professional are:
- Failing to compare a patient’s concerns to see if they match or are similar to what is known about a medical condition
- Not ordering the proper screenings or tests to confirm a patients’ condition
- Failing to disclose tests results to the patient or failing to do so in a timely manner
- Failing to refer the patient to other medical professionals for treatment
Medical professionals are responsible for addressing their patients’ concerns. This is in keeping with what is generally expected of a person whose duty is to protect and care for people who are ill and need medical treatment.
As the American Cancer Society explains, many patients do not know they have lung cancer until it has spread. For them, there are no outward signs or symptoms until that happens. Other patients, however, may notice symptoms early on, and some may approach their doctor about them. Treatment is more effective when lung cancer is caught early.
As noted earlier, by the time a person experiences lung cancer signs and symptoms, it usually means the cancer has spread, which would warrant a doctor to order key tests that could confirm lung cancer or rule it out.
It is standard practice to order tests when lung cancer is suspected. These tests help determine the kind of lung cancer the patient has and how far it has spread.
A Bolingbrook failure to diagnose lung cancer lawyer might be able to help you file a medical malpractice lawsuit against the medical professional responsible. Give Pintas & Mullins Law Firm a call today to learn how you can pursue a medical malpractice suit that holds your health care provider responsible for their negligence.
How Lung Cancer Is Treated
According to the Centers for Disease Control and Prevention (CDC), chemotherapy, surgery, radiation, and targeted therapy are methods medical professionals use to treat non-small cell lung cancer. Treatment can include a combination of these methods. Chemotherapy and radiation therapy are the primary treatment methods for small cell lung cancer.
For a free legal consultation with a Failure to Diagnose Lawyer serving Brook, call (800) 794-0444
How a Lawyer Can Help in a Failure to Diagnose Lung Cancer Lawsuit
Medical malpractice lawsuits can include multiple parties, including the primary care physician who missed a patient’s lung cancer diagnosis. A Bolingbrook failure to diagnose lung cancer lawyer can determine who is liable for your failed diagnosis.
Your attorney will help you collect the evidence and other documents you need to make a case, such as your medical records. They can identify defendants in your case, consult with medical specialists who can offer a professional opinion, and negotiate with insurance companies on your behalf.
Your attorney can help you prove four key elements in a medical malpractice lawsuit, which are as follows:
- You had a doctor-patient relationship with the medical professional.
- They had a legal duty of care to order tests or screen you for lung cancer.
- Their failure brought you personal injury, which, in this case, resulted in a missed or failed lung cancer diagnosis.
- You suffered damages as a result of your injury.
Your attorney will also be able to determine the economic and non-economic damages you could pursue in a lawsuit.
Economic damages would be your bills for your medical treatments, lost wages from time missed at work, and extra help you may have hired to help you with daily tasks.
Your non-economic damages would include the pain and suffering and distress you and your family may have had to endure on top of dealing with lung cancer. If your loved one died from lung cancer that was not detected early due to a failure to diagnose it, you might be able to pursue a wrongful death action.
Brook Failure to Diagnose Lawyer Near Me (800) 794-0444
Medical Malpractice Lawsuits and the Statute of Limitations in Illinois
We understand that dealing with a lung cancer diagnosis is jarring and that you likely will be focusing on your health. Pintas & Mullins Law Firm can take care of your legal matters while you focus on recovery. We can also file your case before the statute of limitations expires on your case.
Illinois generally allows you to file a medical malpractice lawsuit within two years from the date a patient discovers or should have discovered their injury, per 735 ILCS §5/13-212(a). The latest you can file a medical malpractice action is four years from the date the injury occurred.
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Contact Pintas & Mullins Law Firm Today
If you or your loved one’s lung cancer diagnosis was late or not given at all, give Pintas & Mullins Law Firm a call today to learn how we might be able to help you seek financial awards.
We believe the defendant should pay for your treatment and damages, not you. We also do not shy away from tough cases. Call us today for a free consultation at (800) 217-6099.