Med mal & misdiagnosis

Although most of us think of medical malpractice as a doctor's actions causing an injury, the fact is that a doctor's inactions, or misdiagnosis of a medical condition, is often what leads to medical malpractice lawsuits – and the extent of the misdiagnosis delay has a direct correlation to the amount of damages awarded.

Four stages of breast cancer

There are four stages of breast cancer – Stage I being the earliest stage and Stage IV being the most advanced. A misdiagnosis, or a delayed diagnosis, at an earlier stage of the cancer may mean that the patient would have had a better chance for recovery. However, diagnosis at a later stage generally equates to a lesser chance of recovery because certain forms of treatment may not be as effective at that time.

Medical malpractice lawyers say that if a woman has been diagnosed in a later stage, it's important to determine when the diagnosis should have occurred. That determination generally requires a retrospective analysis of the course of prior examinations and imagining studies, along with a thorough understanding of the extent of the disease at diagnosis.

If the analysis shows that the diagnosis should have been made when a woman's breast cancer was in Stage I, but she wasn't actually diagnosed until Stage IV, then damages may include the cost of additional treatment – both past and future, or the emotional trauma occasioned by the delay and any earnings loss suffered.

Liability issues

Who might be liable for a misdiagnosis or delayed diagnosis? Depending upon the facts and circumstances of the situation, liability might fall on the shoulders of the primary care physician, the OB/GYN, the radiologist, the pathologist or even the surgeon. An experienced cancer misdiagnosis attorney will be able to review the situation and determine who might be liable for your injuries.