If a doctor misses lung cancer symptoms can he be sued?


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Question:

If a doctor misses lung cancer symptoms can he be sued?

Answer:

As many as a quarter of people who have lung cancer do not have any lung cancer symptoms. When the symptoms do occur, they do not often occur until the cancer has become advanced and either difficult or impossible to treat. These factors can make it somewhat difficult for you to bring a successful medical malpractice claim based on your doctor failing to diagnose lung cancer. However, there are many instances in which a doctor can be held responsible for failing to diagnose your cancer, and if you believe that your doctor did something wrong, you should speak with a lawyer to find out if you have a case. 

Whether or not you have a case will come down to two essential factors:

  • Was your doctor negligent in not diagnosing your symptoms as lung cancer or was he negligent in the way he handled your symptoms. To determine this, his actions and the level of care he provided will be compared to a reasonable doctor to determine if the care he provided was not as good as the care a reasonable doctor would have performed. 
  • Did the negligence cause you harm? If the exact same thing would have occurred even if the doctor had properly diagnosed your symptoms, then you would not have a good case because there would be nothing for you to be compensated for even if you proved negligence. This factor can make proving the malpractice case hard because your doctor may try to argue that the damage would have occurred as a result of the lung cancer even if he'd been more careful. 

If you wish to sue for medical malpractice, because of the legal complexities involved, contact with a lawyer is imperative. 

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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