Is a Doctor Liable for Failing to Diagnose Your Cancer?
Finding out that you have cancer can be one of the scariest things you’ll ever deal with. It impacts you. It impacts your family. It will consume your life until you hear that you’re in remission. Even then, you may still be afraid that it will come back. It’s important that your illness is diagnosed as early as possible. That’s the only way to ensure that you get the best possible care. It also gives you a better chance for a promising prognosis.
When a doctor either fails to diagnose, or misdiagnoses, your illness, it can mean the difference between life and death. When you visit your doctor, it’s because you trust that they can help you get better. You trust that they’ll do the necessary tests to determine what’s wrong with you. When this doesn’t happen, your health is put at risk.
Finding out that a doctor didn’t properly diagnose your illness will spark a number of emotions. First, you’ll be angry. You’ll want to know why it took so long for your doctor to find out what is wrong with you. You’ll also be scared. Now you know that, not only are you sick, but that you’ve lost precious time for treatment. You’re going to want someone to pay. An experienced personal injury lawyer in Lake Charles can make that happen.
How Does Your Lake Charles Injury Lawyer Prove Negligence?
In order for your doctor to be held liable, your Lake Charles injury lawyer will have to prove negligence. In other words, they’ll have to demonstrate that your doctor didn’t act the way another doctor would have under the circumstances. Perhaps your doctor didn’t run the necessary tests. Or, maybe he spent five minutes with you and brushed your symptoms off as nothing serious. Either way, if you learn that you have cancer and that it could have been diagnosed months earlier, you may have a claim for damages.
Your attorney will review your medical records. They’ll also consult with other physicians to see if your doctor acted appropriately. They can also check to see if your doctor has been sued by other patients for the same thing. They’ll file a claim against their medical malpractice insurance policy and demand that you be compensated.
You Would Have Been Sick Either Way
One of the most common defenses in these cases is for a doctor to say that you were going to be sick either way. And, they may be right. There’s a chance that you would have succumbed to cancer no matter when they diagnosed it. However, if your doctor misses the signs and symptoms of your disease, it can cost you. Perhaps you learn that, had you known you were sick months earlier, you would’ve been able to get treatment that would have cured you. Or, you may learn that you would have lived much longer had it been caught in time. Your Louisiana personal injury lawyer is going to work hard to make sure you get the compensation you deserve.
What Kind of Damages Can Your Louisiana Injury Lawyer Demand?
If you have to sue your doctor for failure to diagnose, you may be entitled to damages. There are a variety of types of damages you can demand. Some of these include:
- Pain and Suffering
- Lost Wages
- Lost Income
- Emotional Distress
- Permanent Disability
Each case is unique. There’s no way to know what sort of damages you’re entitled to until you talk to an experienced personal injury lawyer in Lake Charles. They can review your case and give you an idea of what it may be worth.
Contact a Skilled Personal Injury Lawyer in Lake Charles Right Away
If you or your loved one have been misdiagnosed by your doctor, call our office right away. Failure to diagnose any illness, especially one as serious as cancer, is wrong. Your doctor has a duty to properly examine you and diagnose your disease. If they fail to do this, they may be held liable. The only way to know for sure is to talk to a Lake Charles personal injury attorney.
You can call our office at any time and schedule your free initial consultation. One of our skilled injury lawyers will sit down with you and review your case. They can answer your questions and address your concerns. They’ll also give you an idea of how strong your case is. The consultation is free and you don’t have to pay a fee until your case is settled.