My prostate cancer was not diagnosed for over two years and allowed to spread. Can the doctor be held legall liable?

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Question:

I was recently diagnosed with prostate cancer, but my primary care physician was unable to diagnose my condition.  After consultation with a specialist, I learned that my cancer had spread.  I underwent several rounds of chemotherapy and radiation and my cancer is now in remission.  Can my primary care physician be held legally liable for not diagnosing my condition early so I would not have to go through such invasive treatment?

Answer:

It is well known that early detection of various types of cancer can improve a patient’s chances for survival.  Preventing the spread of cancer and avoiding the need for more invasive treatment is the responsibility of the physician.  Medical malpractice is defined as the negligent delay in diagnosing or not properly diagnosing the condition of the patient when the standard of care falls below the normal standard.  In order to prove that medical malpractice occurred, the patient must be able to prove the following four elements:

  1. Duty of care—You must show that the doctor owed you a duty of care and was responsible for providing care and treatment to you as a patient.
  2. Breach of duty—The doctor breached the duty owed to the patient because they deviated from or fell below the standard of care that another physician under similar circumstances would have provided.
  3. Causation—The doctor’s breach of duty caused harm to the patient.
  4. Damages—That the patient sustained harm due to the doctor’s mistake and is therefore entitled to receive damages.

If your physician did not diagnose or misdiagnosed your condition, he can be held legally liable for medical malpractice.  You should consult with a medical malpractice attorney to review the facts of your case.

Talk to a Medical Malpractice Lawyer to get legal advice and find out what options you have to hold the doctor accountable.

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