Receiving the wrong diagnosis, or incorrectly identifying a serious illness, infection, or condition, such as cancer, is a substantial and potentially fatal issue in healthcare. It can be devastating, leading to worsening outcomes or unnecessary treatments.
Cases may involve delayed diagnosis, identifying the wrong type of cancer, false positives, or missing the condition altogether. Unfortunately, diagnostic errors contribute to hundreds of thousands of severe injuries in the United States. Contact a diligent Allentown cancer misdiagnosis lawyer for more information and help with your case.
Certain cancers are misdiagnosed most frequently because of vague symptoms that may mimic other conditions, and those include cancers involving the following:
Common causes of errors include overlapping symptoms with benign conditions, delays in ordering tests, mistakes in interpreting results, or poor communication between medical providers and patients.
Both patients and doctors can take steps to help reduce the risk of errors by being proactive, such as tracking symptoms, knowing family history, and communicating clearly. Seeking a second opinion, particularly when seeing specialists, can also prevent harm caused by mistakes. During the consultation, our Allentown cancer misdiagnosis attorney could answer specific questions about the cases and process.
Misdiagnosis of a severe or fatal illness, whether missed, misidentified, delayed, or a false positive, is among the most typical bases for medical malpractice lawsuits. Claims against medical providers must provide proof of negligence, or a deviation from the standard of care and treatment in the field that caused the patient harm, such as progression.
State legislation requires that the plaintiff, with the help of a skilled cancer misdiagnosis lawyer in Allentown, complete and submit a Certificate of Merit within 60 days of commencing legal action. Per the rules of 231 Pennsylvania Code Rule § 1042.3, a qualified expert, typically a doctor in the same specialty, must provide a written statement that there is evidence to support that the care, skill, or knowledge exercised fell below the acceptable standards.
The individual or facility could deviate from the acceptable professional standard through treatment, practice, or work. Further, it must show that the conduct was a direct cause of the harm the patient suffered. If there are multiple medical providers as defendants, the patient must file a certificate for each.
The civil statute of limitations generally requires the patient to file suit within two years of the date of medical services that caused the harm. An extension of the discovery rule is often applicable in cancer misdiagnosis cases, and the time begins running when the individual receives the correct diagnosis.
However, there is also a seven-year Statute of Repose. That means injured patients may not file medical malpractice claims for any reason after seven years from the date of services, regardless of when discovery occurs.
People expect that when they seek help, treatment, or other medical services from a doctor or other healthcare professional, they will receive a certain professional standard they can rely on. Unfortunately, that is not always the case, especially when it comes to obtaining a prompt and accurate diagnosis of specific types of cancer.
When a provider deviates from the acceptable standard or fails to meet the bar, you have the right to hold them financially accountable. Contact our knowledgeable Allentown cancer misdiagnosis lawyer to review your case and options.
