My pancreatic cancer was preventable. Can I sue the doctor?

In order for a patient to sue for damages for pancreatic cancer, he or she will need to consult with a medical malpractice lawyer in the state where the medical treatment was received. In essence, cancer is not preventable per se, but medical professionals are obligated to take certain steps to prevent cancer from developing further. These steps will vary in light of each patient’s risk factors, as well as based on any symptoms a doctor may observe during routine examinations. Your ability to sue a doctor will come down to the following case-specific considerations, including:

• Was the doctor negligent in failing to diagnose pancreatic cancer at an early enough time? Ultimately, this claim will require the testimony of a medical expert witness in light of all evidence related to your claims case, including treatment records, medical history, and other items.

• If it is proven your doctor was in fact negligent, you most likely have grounds for a viable lawsuit. However, the ability to sue requires that the failure to diagnose the pancreatic cancer caused you (the patient) damages. Especially in cases involving cancer, failure to diagnose is definitely grounds for damage claims, including claims revolving around time lost for actually treating the cancer in early stage, thus increasing likelihood of remission.

• If the pancreatic cancer is indeed fatal, your estate (spouse, dependants, and certain other real parties of interest) may also have grounds to file a wrongful death lawsuit against a negligently practicing doctor as well.

In short, without the insight of legal counsel, specifically a medical malpractice lawyer, into the case-specific elements of your claims, a definitive answer on whether you can sue a given doctor is moot. For more information and insight, consult with a medical malpractice lawyer in the state where your medical treatment was received to learn more about your legal rights and options to sue.