Cancer malpractice typically only applies to when cancer spreads unnecessarily. Since cancer has a very low cure rate, a physician can very rarely be sued for cancer spreading as it normally will and causing a patient’s death. Below are examples of when a physician can be held responsible for cancer spreading in a patient.
Failure to Diagnose
A physician that sees a patient complaining of pain or other symptoms that could be related to cancer, but who does not perform tests or examinations on that patient can be held responsible for cancer spreading. Failing to diagnose cancer means that the cancer is left untreated which makes it more likely that the cancer will spread and cause the patient to become more ill or even shorten the patient’s lifespan.
Failure to Properly Diagnose
Even if a physician identifies and diagnoses a patient with cancer, if he misdiagnoses the type of location of cancer he may be liable for the cancer spreading. Cancer can take many forms, many of which require different treatment. Not diagnosing the type of cancer properly can mean that the patient undergoes ineffective treatment that will not stop the cancer from spreading.
Misdiagnosing Cancer Stages
Similarly, if a physician does not properly identify the stage of the cancer he could be liable for the cancer spreading. Most cancers have multiple stages of development which determine their fatality. Their stage also determines the best type of treatment to curb or stop the cancer from growing and spreading. Improperly identifying the stage of a patient’s cancer can potentially means that a patient may not receive appropriate treatment, be misled about its seriousness or the likelihood of dying.
Improper Treatment
Not all treatments are affective against all types of cancers. Many times, in fact, certain types of treatment are so ineffective that they essentially allow the cancer to spread untouched. If a physician does not properly treat cancer and the cancer becomes worse by spreading to other areas of the body or becoming untreatable, he may be liable for cancer spreading. In this circumstance, it would be necessary to show that the physician was negligent in choosing the treatment methods that he prescribed for the patient.
Getting Legal Help
If you have cancer and believe that it spread unnecessarily, seek legal assistance with filing a malpractice claim. A lawyer will review the facts of your medical history and physician treatment and advise you about the likelihood of the doctor being liable for your cancer spreading.
