Failure to Diagnose Cancer

Failure to

Diagnose Cancer

Failure to Diagnose Cancer

Many people fear being diagnosed with cancer and hearing those words from a medical professional. Sadly enough, there is something far worse and it happens all too often. Sometimes, despite the latest and greatest technology and knowledge of medicine, the health care system fails to diagnose cancer. Without a diagnosis, cancer is given an opportunity to progress when it could have been treated in its early stages, thereby decreasing a patient’s odds of winning the battle.

HELPING TO ALLEVIATE SOME OF THE BURDEN YOU FACE

Medical malpractice is a serious problem in our country. It is appalling to think that someone with a serious medical condition can slip through the cracks in the system because of an error in judgment. Cancer is a terrible affliction, but the failure to diagnose cancer is nothing short of heinous. Cancer alone can put a lot of stress not only on an individual, but on his or her family as well.

At Bizzieri Law Offices, we seek to help you during troubling times to ensure that you are compensated appropriately. We can help alleviate some of the burden by making sure the system does not infringe upon your rights.

GET AN EXPERIENCED LAWYER ON YOUR SIDE

If you or a loved one has been a victim of medical malpractice and the health care system has failed to diagnose you or a loved one with cancer, seek the help you need to get the money you deserve. We serve clients in the Chicago area, including Oak Lawn, Hickory Hills, Orland Park, Burr Ridge and Burbank, Illinois. Bizzieri Law Offices specializes in personal injury and medical malpractice law. For a free consultation, call us today at 773-881-9000.

Some Things You Should Know About Failure to Diagnose Cancer

Understanding Failure to Diagnose Cancer

  • The Devastating Consequences of Delayed Diagnosis: A delayed cancer diagnosis can lead to reduced treatment options, decreased survival rates, and a lower quality of life.
  • The Alarming Frequency of Cancer Misdiagnosis: Studies reveal that up to 28% of cancer cases are misdiagnosed or delayed, highlighting the need for vigilance in cancer diagnosis.
  • The Power of Early Detection: Early cancer detection can significantly improve treatment outcomes, increase survival rates, and save lives.

 

Legal Considerations

  • The Time-Sensitive Nature of Medical Malpractice Claims: In Illinois, you have only two years to file a medical malpractice claim for failure to diagnose cancer, making prompt action crucial.
  • The Impact of Comparative Negligence: If you’re found partially responsible for the delayed diagnosis, your damages may be reduced, emphasizing the importance of seeking legal guidance.
  • The Critical Role of Expert Testimony: Your case will require testimony from a medical expert to establish negligence and prove your claim.

 

Taking Action

  • Seeking a Second Opinion: A Crucial Step: If you suspect a delayed diagnosis, seeking a second opinion from a specialist can help ensure accurate diagnosis and timely treatment.
  • Gathering Essential Evidence: Collecting all relevant medical records, test results, and documentation is vital to building a strong case.
  • Consulting an Experienced Attorney: Talking to an experienced medical malpractice attorney can help you navigate the complex legal process and ensure you receive the compensation you deserve.

Failure to Diagnose Cancer FAQ: Click on the Frequently Asked Questions Below to See Our Response

What is considered a failure to diagnose cancer, and how does it happen?

A failure to diagnose cancer occurs when a healthcare professional fails to diagnose cancer in a timely manner, resulting in delayed treatment and potentially worsening the patient’s condition. This can happen due to various reasons such as:
‣ Misinterpretation of test results or imaging studies
‣ Failure to order necessary tests or biopsies
‣ Disregarding patient symptoms or medical history
‣ Inadequate follow-up care

Can I file a claim if my cancer was misdiagnosed, and what do I need to prove?

Yes, if you can prove that the misdiagnosis was due to negligence or medical malpractice. To establish a claim, you must show that:
‣ The healthcare professional deviated from the standard of care
‣ The deviation caused a delay in diagnosis
‣ The delay resulted in harm or worsening of your condition

How long do I have to file a claim in Illinois, and are there any exceptions?

You have two years from the date of the missed diagnosis to file a medical malpractice claim in Illinois. However, there are exceptions:
‣ If you were under 18 when the malpractice occurred, you have until your 22nd birthday to file
‣ If you were mentally or physically disabled, the statute of limitations may be extended
‣ If the malpractice was concealed or fraudulently hidden, the statute of limitations may be extended

Can I recover damages for emotional distress and other non-economic losses?

Yes, you may be able to recover damages for emotional distress, including:
‣ Anxiety and depression
‣ Loss of enjoyment of life
‣ Disfigurement or scarring
‣ Loss of consortium (companionship and support)
These damages are in addition to economic losses such as medical expenses, lost wages, and rehabilitation costs.

Do I need an attorney to file a claim, and how can they help me?

While not required, it’s highly recommended to consult an experienced medical malpractice attorney to guide you through the process. An attorney can:
‣ Evaluate your case and determine if you have a valid claim
‣ Gather medical records and expert testimony
‣ Negotiate with insurance companies and defense attorneys
‣ Represent you in court, if necessary

CALL A LAWYER WHO WILL CALL YOU BACK:

773.881.9000

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