Can a lawsuit be filed for a doctor missing symptoms of cancer?

Cancer symptoms range from very mild symptoms such as aches and pains to much more significant signs, such as significant weight loss. Cancer is capable of going undiagnosed for years because symptoms are simply unable to be noticed or may be attributed to other conditions. If you go in to see a doctor, you expect the doctor to be able to spot symptoms, though. In some cases, if the doctor failed to do that, it could be an indication of medical malpractice.

Determining Responsibility

In order for the misdiagnosis of cancer to stick, the doctor must, in some way, be negligent in performing his or her duties as established by medical code. In terms of cancer symptoms, keep the following in mind before you sue for medical malpractice.

• Did your doctor have the opportunity to see the symptoms you are experiencing? The patient needs to come in to the office in order for a doctor to screen for various cancers. Did you point out symptoms you were feeling?
• Did the doctor take steps to determine what the underlying cause of the symptoms was? If so, and the proper test results did not indicate cancer, or the tests were not performed accurately by a technician, the doctor may not be negligent.
• Did the doctor fail to take action? In some cases, this is an indication of medical malpractice.

Each situation is unique. The opportunity for the doctor to spot the cancer symptoms is necessary. Keep in mind, you must have brought the condition to the doctor’s attention (such as telling the doctor that you have symptoms) in order for the doctor to learn about them.