If you or someone you love was injured due to the negligent actions of a careless doctor or another health care professional, we may be able to help. Thanks to our experience and knowledge, we can develop a robust case to put you in the best position to obtain the compensation you need.
Don’t let the negligence of your doctor dictate the future of your life. To learn more about your specific case in a free, confidential consultation, call the Baltimore medical malpractice and personal injury lawyers at Bennett & Heyman at (410) 429-7856 today.
Who is Liable for a Missed and Failed Diagnosis of Cancer?
Doctors and other healthcare professionals are supposed to give nothing but professional medical assistance to every patient. They have sworn a Hippocratic oath that is supposed to tie their profession to the highest of standards of care. Many people turn to their doctors trusting that they are putting their health in capable, trusty, professional hands. Unfortunately, many people fall victim to medical malpractice due to the negligent actions or omissions of careless, reckless medical professionals.
For instance, you may go to the doctor because of a series of symptoms, then get diagnosed with an illness. However, somewhere along the way it is discovered there was actually nothing wrong with you; the sickness never existed, or they just failed to diagnose you appropriately. For conditions such as cancer, a timely, accurate diagnosis is critical to a patient’s life. Furthermore, a correct assessment of cancer can dramatically change the approach a doctor may take regarding a patient’s treatment regimen.
If your doctor missed or failed to diagnose your cancer and you are now facing severe consequences, our experienced medical malpractice attorneys can help you obtain the compensation you deserve.
Filing a Medical Malpractice Claim
If the negligent actions or omissions of your physician caused your injuries, you may be able to file a medical malpractice claim. In a medical malpractice claim, you will need to show that your treating physician was negligent, and that said negligence lead to your damages. To have a successful claim you will need to demonstrate a series of elements to the court: duty of care, breach of duty, causation, and damages.
Duty of Care
As a plaintiff, you have the burden to show that your doctor owed you a duty of care. The duty of care stems from the doctor-patient relationship. The standard regarding a doctor’s duty of care will be the amount of medical care a reasonable, prudent, and competent physician would provide under the same circumstances as the defendant’s.
Breach of Duty
The breach of duty occurs when your doctor distances himself or herself from their duty of care. This means that if your doctor does not act according to the principle practices of their profession, they would be in breach of their duty of care.
You will need to prove that the negligent actions or omissions from your treating physician caused your injuries. For instance, you will need to show how a missed cancer diagnosis caused you harm.
Proving damages requires you to show that your doctor’s negligence caused you physical, financial, emotional, or other damages justifying the concession of a remedy. In short, you will need to show the previous elements of your claim culminated in your losses.
What Damages Can I Obtain for My Medical Malpractice Injuries?
If you have a successful claim, you can obtain compensation for your losses. The court may award damages for things such as lost wages, medical expenses, and pain and suffering. In situations where the defendant’s actions were found to be particularly egregious, the court may award punitive damages as a mean to punish the liable parties and prevent others from doing the same in the future.
Keep in mind you do not have unlimited time to file your claim with the court. Legal timelines govern the amount of time you have to file your lawsuit. These are known as statutes of limitation. For medical malpractice cases, you have up to 3 years from the discovery of the injury or 5 years from the injury. Our skilled, knowledgeable medical malpractice lawyers can help you determine the best course of action depending on the specific circumstances surrounding your case.
Baltimore Missed and Failed Diagnosis of Cancer Lawyer Offering Free Consultations
At Bennett & Heyman, we understand how difficult dealing with cancer can be, especially when such a severe illness should have been detected earlier. That is why we dedicate our practice to fighting and upholding your rights as a medical malpractice victim. We have the experience, knowledge, and skill to hold the liable parties accountable for your losses. To learn more about your specific case in a free, confidential consultation, call our law offices today at (410) 429-7856.