Early diagnosis of cancer improves patient survival rates and quality of life. It also reduces the cost of cancer treatment. Unfortunately, some doctors and health professionals miss patient symptoms that could indicate the presence of breast cancer. This mistake can cause you cancer to spread, making it harder to treat and lowering your chance of beating the disease.
The improper or missed diagnosis of your breast cancer might be an act of negligence, and you may be able to get compensation for your pain and suffering, and more. If you or your loved one suffered because of a failure to diagnose breast cancer, get in touch with Pintas & Mullins Law Firm at (800) 794-0444 for a consultation. A Los Angeles failure to diagnose breast cancer lawyer might be able to help you.
Reasons to Get a Lawyer When You Have Breast Cancer
Medical malpractice cases are a particularly difficult claim to prove, and one made even harder if you are fighting cancer, caring for a loved one undergoing treatment, or mourning the death of a loved one who lost their battle.
A medical malpractice lawyer can take on your case while you take care of yourself or your loved one. They can help you prove that the doctor failed to diagnose the cancer, that your prognosis would have been better had they diagnosed it sooner, and that you suffered serious losses as a result of their error.
They might be able to help you, no matter how the failure to diagnose your cancer occurred, including:
Your physician makes a diagnosis that a lump is benign (noncancerous) when, in fact, it is cancerous.
If you felt a lump—or you found out about it during the clinical breast exam—the doctor should order appropriate imaging tests such as mammograms, breast X-rays, and ultrasounds. If there are indications of cancer, then your doctor has the legal duty to use all the standard cancer-prevention procedures to confirm the diagnosis.
They may refer you to a surgeon or other specialist for further tests. They will take note of the size of the breast cancer and how far it has spread to predict your prognosis or outcome of your disease and the chances of your recovery.
When a doctor fails to detect breast cancer in its early stages, it usually results in a grim outcome, such as a shorter life span and untimely death. And often, the testing procedures for cancer prevention, such as clinical breast examination, are easily performed. So, there is no excuse for a doctor not to order testing procedures when the patient has low risk factors for cancer.
Fails to Detect a Palpable Lump
The physician claims that a tumor was not palpable during a thorough physical examination when it is.
A mass in the breast is not always a sign of breast cancer, and not all types of breast cancer form a lump, and your doctor should know that. The standard of care requires doctors to use readily available screening methods to detect cancer, especially when the patient notices breast changes that could indicate cancer.
What You Need to Prove in a Failure to Diagnose Breast Cancer Case
The success of a late cancer diagnosis case against your health care provider depends on the plaintiff’s ability to prove that the elements of negligence are present. As the plaintiff, if your case goes to trial, you have to make sure that the jury hears your voice and understands the impact of the injury in your life to get a favorable outcome. However, there are specific elements that you (the injured party) must prove to make a negligence claim.
You must show there was a duty on the part of the doctor, and a breach of that duty resulted in your injury. That means you have a doctor-patient relationship, and your doctor was negligent or acted in a manner that most other health care providers in a similar situation would not. As a result of such negligence, you suffered an injury.
Cancer cases are complicated because you have to establish not only the negligence but the link between the negligence and the injury. In a typical failure to diagnose breast cancer case, the question is whether the patient would have been at a different stage at the time of diagnosis if it was not because of the doctor’s negligence.
Working with a Los Angeles failure to diagnose breast cancer lawyer who is comfortable with complex medical issues can help you file a valid claim and facilitate the presentation of your evidence to the court. Reach out to Pintas & Mullins Law Firm to ask about your case and schedule your consultation.
For a free legal consultation with a Failure to Diagnose Breast Cancer Lawyer serving Los Angeles, call (800) 794-0444
State Laws That Can Impact Your Case
Take a look at the following California laws that could have a big impact on your lawsuit against a health care professional or facility for failure to diagnose your breast cancer.
Statute of Limitations
The failure to diagnose breast cancer claims made in California combines the typical statute of limitations with the discovery rule. You can only file a case for failure to diagnose breast cancer within three years from the date of the injury or one year from the date you knew or should have known your cancer diagnosis, according to the California Code of Civil Procedure section 340.5. If you file a lawsuit three years after the date of your doctor’s accused negligence, the court is likely to dismiss your case.
Statutory Damage Caps
In California, the most you can recover in non-economic damages (losses that are difficult to put a value on such as pain and disfigurement) for medical malpractice is $250,000, according to California Code of Civil Procedure section 3333.2.
Los Angeles Failure to Diagnose Breast Cancer Lawyer Near Me (800) 794-0444
We Are Here to Represent You
If you or someone you love suffers from an injury for failure to diagnose breast cancer, we urge you to contact Pintas & Mullins Law Firm today or call us at (800) 794-0444 for a free consultation.
Our Los Angeles failure to diagnose breast cancer lawyer can review and prepare your case to prove professional negligence and help you obtain the compensation you deserve.