According to the Centers for Disease Control and Prevention (CDC), skin cancer is the most common type of cancer in the United States. Because it is so common, doctors and other health care providers should be especially vigilant in screening for this disease and attempting to diagnose it. Skin cancer is often easily treatable, but only if it is discovered early.
If you or your loved one suffers from skin cancer and you went to a doctor who did not diagnose the condition, it is possible that you have a case for medical malpractice. Experiencing medical malpractice gives you the right to sue for compensation for your losses due to the failure to diagnose, including pain and suffering. You should not have to pay for a health care practitioner’s negligence.
If you are in the Los Angeles area and believe you or your loved one may have a medical malpractice case because of your health care provider’s failure to diagnose skin cancer, Pintas & Mullins Law Firm can help. Our Los Angeles failure to diagnose skin cancer lawyers are here to discuss your legal options and take on this effort on your behalf, so you can focus on healing. Call 800-794-0444 today for a free, no-obligation consultation with our team.
Proving Failure to Diagnose as Medical Malpractice
The term “medical malpractice” refers to when a health care provider fails to provide the standard of care that they should. This failure may be intentional or unintentional, but it must result in injury to qualify as medical malpractice. Under California law, there are several steps required to prove a medical malpractice case:
- Establish the doctor-patient relationship. The first step in showing medical malpractice is to prove that you or your loved one were under the care of the doctor or other medical professional in question. This part of the case is typically easy to prove.
- Show that the health care provider was negligent. To prove medical malpractice, you must prove that the health care professional was negligent, or that they failed to provide the reasonable or expected amount of care in the situation.
- Show an injury as the result of the negligence. After proving negligence, you must prove that the negligence resulted in harm. In cases of skin cancer and other diseases, the injuries or harm you suffered must clearly be the result of the failure to diagnose the condition and not just a result of the condition.
- Prove damages that were a result of the injury. Lastly, to receive compensation from the court, you will need to show that the medical malpractice was costly to you through economic or non-economic damages.
Medical malpractice in failure to diagnose cases can be challenging to prove, but the team at Pintas & Mullins Law Firm does not shy away from difficult cases. You are entitled to seek compensation for your losses, and our Los Angeles failure to diagnose skin cancer lawyers can help you get them. Call us today to learn more.
Recoverable Damages After a Failure to Diagnose Skin Cancer
When you or your loved ones are the victim of medical malpractice, you may be legally entitled to receive compensation for the losses you incurred as a result. California law divides damage awards into two categories: economic and non-economic. Economic damages include any costs directly related to the failure to diagnose skin cancer, such as doctor’s visits, treatment and procedure costs, surgery expenses, hospital stays, and funeral expenses.
Non-economic damages are limited to a maximum of award of $250,000 by California law, as detailed in Civil Code (CIV) § 3333.2. However, you could receive compensation for the following losses:
- Physical impairment
- Pain and suffering
- Other non-monetary damages
You could also possibly sue for punitive damages, which are designed to punish the defendant for their negligence. Punitive damages are usually only awarded in cases of severe negligence.
Pursuing a medical malpractice lawsuit to receive compensation for your losses can give you the financial ability to recover from your skin cancer as well as closure for the injustice you suffered. If your loved one lost their life to skin cancer, holding the negligent health care provider responsible for their actions could help prevent them from making mistakes like this in the future.
For a free legal consultation with a Failure to Diagnose Skin Cancer Lawyer serving Los Angeles, call (800) 794-0444
The Statute of Limitations Can Affect Your Lawsuit
Like all legal actions, medical malpractice cases are subject to a statute of limitations. A statute of limitations is a law that states how long you have after an event occurs to bring legal action.
According to CIV § 340.5, the statute of limitations in California for an injury or death due to a health care provider’s negligence is three years after the malpractice occurs or one year after the patient discovers the malpractice, whichever comes first.
There are a few complicated exceptions to this statute of limitations. So if the time limit since your health care provider’s failure to diagnose skin cancer has passed, or if you are not sure it has, it may be beneficial to consult a Los Angeles failure to diagnose skin cancer lawyer to confirm your options.
Los Angeles Failure to Diagnose Skin Cancer Lawyer Near Me (800) 794-0444
Pintas & Mullins Law Firm Is Here to Help
If you or a loved one suffered from the negligent actions of a health care provider, you are entitled to seek compensation and justice. The Los Angeles failure to diagnose skin cancer lawyers at Pintas & Mullins Law Firm are here to help you through this difficult time.
To attempt to prove your health care provider’s failure to diagnose to skin cancer as medical malpractice, our team can:
- Thoroughly review your medical records
- Interview witnesses and gather statements
- Review the records of the defendant’s actions in similar cases
- Consult medical experts and obtain their expert testimony for your case
- Identify what damages you may be able to recover
- Communicate with insurance providers
We can also file a lawsuit on your behalf, manage the communication between all parties, and work to negotiate a fair settlement for you. Let us take on the work of your medical malpractice case, so you can focus on healing after this traumatic event.
To begin your medical malpractice case, call Pintas & Mullins Law Firm today at 800-794-0444. We offer a free consultation at no obligation, and since we work on a contingency-fee-basis, you will not owe us anything unless we can earn an award for you.