Can a doctor be liable for missing cancer symptoms in women?


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Question:

Can a doctor be liable for missing cancer symptoms in women?

Answer:

Cancer symptoms in women can vary depending on the type of cancer that you have. For example, the common cancers that affect women include breast cancer, uterine cancer and cervical cancer. Breast cancer is normally identified by a lump on the breast. Cervical cancer is most commonly diagnosed by identifying cell changes on a pap smear. Uterine cancer, on the other hand, may have few or even no symptoms until it is very advanced or until it spreads. Because of the many different types of cancer and the different symptoms of each, a determination regarding whether or not your doctor is liable for missing cancer symptoms will depend on the circumstances. 

Liability for missing symptoms or for not diagnosing cancer is governed under medical malpractice law. This is a type of professional negligence law. Under medical malpractice law:

  • The doctor is first judged to determine if he breached the required duty of care. To make this judgment the doctors actions- in this case, missing the symptoms- are evaluated based on what a reasonable doctor in his position with his education and expertise would have done. If a reasonable doctor would have noticed the cell changes on a pap smear and your physician did not, then he will likely be judged to have been negligent
  • The next step is judging whether the negligence caused damage. If the misdiagnosis led you to suffer further harm of some sort, then you can be compensated for that harm that occurred as a direct result of the negligent misdiagnosis. 

Since the determination of medical malpractice for misdiagnosis must be made on a case-by-case basis, you should consult with a lawyer regarding your particular situation to determine if you have a cause of action against your doctor or not. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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