If a doctor fails to correctly diagnose pancreatic cancer is that medical malpractice?

Answer:

If you or a family member has recently received a pancreatic cancer diagnosis, after a lengthy period of time of either no diagnosis or being diagnosed incorrectly with an unrelated disease, it is natural to wonder if there has been medical malpractice.

Through you own experience, or that of your family member you are already aware that it is difficult to diagnose pancreatic cancer in its early, most treatable stage. There are many different tests that can be administered to conclude pancreatic cancer is present, but currently there is no single diagnostic test or even a single protocol for a series of tests. Symptoms can develop gradually over time.

Pancreatic cancer is the most deadly type of cancer, and medical malpractice is an extremely serious issue. Regardless of the type of disease that was misdiagnosed, or injury that was caused, medical malpractice cases share several items in common. If any of these are not present, then malpractice did not occur.

Elements of Medical Malpractice

A doctor-patient relationship existed.
The doctor breached their duty to the patient, providing negligent care that was beneath the level of an accepted standard of care.
Additional injury or illness occurred.
The failure to correctly diagnose your condition, or the treatment you received was the direct cause of the additional injury or illness suffered.

If you were complaining of upper abdominal pain that sometimes continued all the way to your back, and you are jaundiced, or are depressed, losing your appetite and weight and your doctor did not order diagnostic tests to rule out pancreatic cancer (such as a CT scan) you may have good reason to suspect negligence.

Get Legal Help

Undiagnosed pancreatic cancer can lead to disastrous consequences. You owe it to yourself and your family to receive compensation if your doctor was negligent by delaying your diagnosis. Contact a medical malpractice attorney for a confidential evaluation of your case and learn what options are legally available.

References:

Cancer Misdiagnosis

Get Informed - Medical Malpractice Laws & Information

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