Your Cancer Misdiagnosis May Be Eligible For a Medical Malpractice Claim

Some information you hope you never need to use like how to file a medical malpractice claim for a misdiagnosis. Unfortunately, an estimated 10% of cancer cases are misdiagnosed.

Americans file around 17,000 medical malpractice suits annually and you can become part of this statistic, healthcare professionals can make mistakes. With billions of dollars paid out each year in medical malpractice claims, it pays to know a little bit about the legal process.

What Qualifies as Medical Malpractice in Cancer Misdiagnosis Cases?

What‘s considered medical malpractice is the same in most other states, with a few notable exceptions. For example, Alabama considers physical and sexual abuse at the hands of healthcare workers a form of medical malpractice. This is a little different from some other states like Ohio and West Virginia. Other examples that apply across the U.S. include:

• Birth injuries and pregnancy complications
• Brain injuries that occur during surgery or from prescribed treatment
• Dialysis-related injury or death
• Emergency room treatment that results in injury or death
• Medication, prescription, and/or pharmacy miscalculations
• Misdiagnosing a health condition
• Nursing errors, for example, not following the physician’s printed instructions
• Spinal cord injuries that occur during medical care
• Surgical mistakes and complications

An estimated 250,000+ people die each year in the U.S. from medical errors.

Who Can You Name in a Medical Malpractice Claim?

Medical malpractice claims fall under the extensive umbrella of personal injury law. While the law covers a broad range of accident types, all claims require you to name a defendant. This is the individual or entity responsible for causing your injuries. In simple terms, you must name the individual you’re holding responsible for your losses.

So, who can you name in a medical malpractice claim? The list covers pretty much everyone who works in the healthcare industry:

• Hospital
• Doctor
• Nurse
• Ambulance service
• Nursing home
• Pharmacy

If you’re wondering who’s named most frequently in medical malpractice claims, it’s physicians followed by dentists. According to the New England Journal of Medicine, most physicians deal with at least one medical malpractice claim during their careers. This doesn’t mean the plaintiff always wins a medical malpractice claim, it only indicates how common they are.

Filing a Cancer Misdiagnosis Medical Malpractice Claim

If you suffer injuries/illnesses either temporary or permanent due to a healthcare professional’s negligence, you may be able to file a claim to recover compensation. However, the process is a little more complicated than filling out some paperwork. You must follow a few legal steps.

Know the Statute of Limitations

All personal injury claims regardless of the type have statute of limitations. This refers to the time you have to file a claim after suffering injuries. Filing deadlines often vary from state to state. In Ohio, you only have one year from the date of the alleged incident to file a compensation claim. West Virginia gives you two years. The statute of limitations may not start on the incident date. Sometimes, it starts when you discover a medical error.

For example, if a surgeon accidentally leaves a sponge behind after surgery. You may not realize the sponge is inside your body for a few days or even weeks until an issue occurs like symptoms of sepsis. In this scenario, the statute of limitations kicks in on the date the sponge is discovered. This is known as a Discovery Rule. However, it doesn’t extend the statute of limitations indefinitely. The rule only gives you six months to identify any medical errors.

Prove Negligence

You know who to name in your medical malpractice claim and are within the statute of limitations. You’re on track to successfully file a claim and hopefully recover compensation for your damages. Before you can submit your claim to the insurance provider, you’re going to need to prove negligence. This is a requirement for most types of personal injury claims, with the exception possibly being product liability cases.

Proving negligence starts with establishing a relationship between you and the healthcare provider. Usually, this isn’t too difficult. Patient records are usually enough to show that the healthcare provider owes you a duty of care.

After establishing the presence of a relationship, you need to show the healthcare worker violated their duty of care. Your injuries are often enough to prove this element of negligence, along with your medical records. Your medical records can also help prove your damages are caused by the healthcare professional’s careless actions. From there, you must show your damages are directly caused by medical malpractice.

If you’re feeling a little confused, you’re not alone. Navigating negligence in a medical malpractice claim can be tricky which is why most individuals turn to legal assistance from an experienced medical malpractice attorney.

Don’t File a Cancer Misdiagnosis Medical Malpractice Claim Alone

If you’re the victim of medical malpractice, you may deserve to be compensated for your damages. This means going through an often lengthy and complicated legal process. Working with an attorney can simplify the process and help ensure your claim is successfully settled.