My cancer went undiagnosed for three years, and now it has spread. Is this medical negligence?

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Question:

I went to my primary care physician complaining of low back pain.  He said he couldn’t find anything wrong with me and did not order any tests or refer me to a specialist.  The pain became worse and I started experiencing heavy bleeding during my monthly cycle.  After seeing my PCP several times again, I finally asked him to refer me to a gynecologist.  She performed several tests and finally diagnosed me with ovarian cancer, which has now spread.  Can I hold my PCP liable for not diagnosing my illness?

Answer:

The failure to diagnose cancer is a serious form of medical malpractice as it can delay treatment and allow the cancer to spread.  This type of malpractice may occur when a patient reports to a doctor with a sign or symptom suggestive of cancer, but the doctor negligently fails to make the correct diagnosis.  When the cancer is eventually diagnosed, the progression of the disease results in the patient having a decreased chance of cure and undergoing more aggressive forms of treatment.

To be successful in a medical malpractice claim, the plaintiff must prove that the doctor made a significant mistake regarding diagnosis that another physician with the same experience and/or training would not have made based on the same circumstances.

Talk to a Medical Malpractice Lawyer to find out what legal options you have to hold your physician liable for the negligent diagnosis.

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