If uterine cancer symptoms are overlooked can the hospital be sued?

Uterine cancer symptoms often do not show up until the cancer has reached an advanced stage and until treatment is difficult. With uterine cancer, as with most other cancers, catching the cancer as early as possible is essential to having a successful treatment outcome. As such, if your doctor does not diagnose your cancer early on, you may wonder whether or not you have a legal right to sue him or the hospital who was treating you for malpractice.

The answer is that it depends on whether your doctor's failure to diagnose your symptoms was reasonable and on whether his failure to diagnose actually had an impact on your care. This is often a very fact sensitive determination that will require you to have expert witnesses available to convince the jury of your doctor or hospital's liability. 

There are two things you will need to prove in order to sue successfully:

• You'll need to show a reasonable doctor or hospital would have diagnosed your condition before your doctor did, and/or that it was unreasonably negligent for your doctor not to have identified the uterine cancer earlier
• You will also need to show that the negligence in not diagnosing you early had some measurable impact. If your cancer was likely to have the exact same outcome even if the doctor hadn't diagnosed you earlier, then you cannot sue because you will not be viewed as having suffered anything as a result of your doctor's negligence. 

Proving the case can be difficult since cancer is such a complex medical subject, so you will want to consult with a medical malpractice attorney as soon as possible if you are attempting to bring a lawsuit based on misdiagnosed uterine cancer.