The Centers for Disease Control and Prevention (CDC) reports that prostate cancer is the second most common cancer in men in the U.S. It is the leading cause of cancer death among men. About 13% of men will get prostate cancer, according to the CDC.
Since prostate cancer is known to be such a high risk for men, doctors should perform active screening measures and diagnostic tests to check for this illness. If you or your loved one visited a doctor who failed to diagnose prostate cancer, and you suffered from this lack of a diagnosis, you may have a case for medical malpractice.
A Los Angeles failure to diagnose prostate cancer lawyer at Pintas & Mullins Law Firm can help you with your medical malpractice case. When a doctor does not make a correct diagnosis due to negligence, you are entitled to sue for compensation. Call (800) 794-0444 today to schedule a free consultation at no obligation. The team at Pintas & Mullins Law Firm is here to help you during this difficult time, and since we work on contingency, you will not owe us anything unless we can negotiate a settlement for you.
Failure to Diagnose and Medical Malpractice
If you think you have a medical malpractice case due to the failure to diagnose prostate cancer, you can fight for justice by pursuing compensation through a lawsuit. There are three important steps to proving a medical malpractice case in California:
1. Doctor-Patient Relationship
The first part of proving a medical malpractice case is to establish that you or your loved one was under the care of the defendant. This is generally the easiest part of the case to prove.
Medical malpractice occurs when a health care provider is negligent. To be negligent, the health care provider must fail to provide the expected or required standard of care. This may be intentional or unintentional.
In a medical malpractice case for the failure to diagnose prostate cancer, a few examples of evidence of negligence include:
- If your doctor did not order tests or screening measures indicated by symptoms or risk factors.
- If a radiologist, lab technician, or other health care worker incorrectly interpreted test results.
- If a health care provider failed to follow up on or inform you of test results, or if they reported the wrong test results.
3. Injury as a Result of Negligence
After proving negligence in a medical malpractice case, you still need to show that the negligence resulted in injury. Examples of injury due to medical negligence include, if previously treatable prostate cancer becomes untreatable due to progression of the disease, loss of sexual function due to a surgery that would not have been necessary if the cancer was diagnosed earlier, or even death.
However, for the injury to be medical malpractice, it must clearly be a result of the health care provider’s negligence and not just a result of the cancer. Although it is a common cancer, prostate cancer is also typically easy to treat when caught early, but it can lead to serious complications and death if not diagnosed.
Successfully proving a failure to diagnose as negligence and injury in a medical malpractice suit is challenging, but the team at Pintas & Mullins Law Firm does not shy away from tough cases. Our Los Angeles failure to diagnose prostate cancer lawyer will fight for you to receive justice and compensation for your suffering.
Recoverable Damages for a Failure to Diagnose Prostate Cancer
When you prove medical malpractice, you may be able to recover your medical expenses for the resulting treatments. The costs of doctor’s visits, emergency room visits, hospital stays, medications, and surgeries can all possibly be recouped to you. These are economic damages.
California also awards non-economic damages in malpractice cases, although CIV § 3333.2 limits these awards to $250,000. Possible non-economic damages you could recover in a failure to diagnose case include:
- Physical impairment.
- Other non-financial damages.
You may also be able to sue for punitive damages, which punish defendants for their negligence.
In addition to helping you pay your medical bills and receiving just compensation for other losses, by pursuing a medical malpractice case, you can help keep others from similar harm by holding negligent health care professionals responsible for their actions. You should not have to suffer from medical negligence.
For a free legal consultation with a Failure to Diagnose Prostate Cancer Lawyer serving Los Angeles, call (800) 794-0444
How the Statute of Limitations May Affect Your Case
A statute of limitations is a law that provides a deadline for pursuing legal action after the wrongful event takes place. According to CIV § 340.5, the statute of limitations for medical malpractice in California is three years after the malpractice or one year after the patient’s discovery of malpractice, whichever comes first.
There are a few complicated exceptions to this statute of limitations, so even if the deadline is past or if you are not sure whether your case is still within the statute of limitations, it may be helpful to consult with a lawyer to discuss your options.
Los Angeles Failure to Diagnose Prostate Cancer Lawyer Near Me (800) 794-0444
Pintas & Mullins Law Firm is Here to Help You
Suffering from cancer is already physically, mentally, and emotionally challenging. You should not have to add to this stress by suffering from a health care professional’s failure to diagnose you or your loved one’s condition. The Los Angeles failure to diagnose prostate cancer lawyer at Pintas & Mullins Law Firm is here to help you through this difficult time.
To attempt to prove your medical malpractice case, we can gather evidence, such as:
- You or your loved one’s medical records
- The professional records of health care workers
- Eyewitnesses statements
- Medical expert testimony
We will file the suit on your behalf, manage all necessary communication so you can focus on recovery, and negotiate for you to receive the compensation you deserve.
Call the team at Pintas & Mullins Law Firm at (800) 794-0444 for a no-cost, no-obligation consultation on your failure to diagnose case. We operate on a contingency fee basis, so you will not owe us anything unless we can negotiate a settlement for you.