Legal Issues Concerning Missing Signs and Symptoms of Cancer

It is vitally important to recognize signs and symptoms of cancer as early as possible. Many advancements have been made in the treatment of cancer, and what was once a deadly prognosis can in many cases be successfully treated and even cured. However, nearly all medical experts agree that the earlier you catch cancer, the easier it is to treat and the better the chances of recovery. Cancer left undetected, on the other hand, can spread and can even become incurable. As such, if your doctor missed signs and symptoms of cancer, you may wonder whether you have any legal recourse. The answer is that you may have recourse, but that there are several legal issues when it comes to medical malpractice cases based on cancer misdiagnosis. 

Legal Issues for Cancer Misdiagnosis

Doctors are expected to be reasonably competent and to provide a reasonable level of care. This reasonableness requirement extends to diagnosing illnesses as well, so if your doctor missed signs of cancer when he should have seen them, he may be found liable for malpractice. However, to successfully prove malpractice based on a cancer misdiagnosis, you must prove:

• That your doctor was negligent in missing your symptoms and that a reasonable doctor would have caught them. Whether or not this is the case depends heavily on the situation. Some cancers have more obvious signs- such as a lump on the breast for breast cancer. However, other cancers, such as cancer of the esophagus, can be much more difficult to detect until they reach advanced stages. Therefore, the court will look at whether a reasonable doctor would have caught the signs and symptoms. Usually they will make this determination based on the testimony of expert witnesses who will look back at medical records and testify about what a reasonably competent doctor would have done or known. 
• That the negligence led to injury. This, too, is tricky in cases of cancer misdiagnosis. Cancer, by definition, is somewhat mysterious and it isn't clear why one person will respond to treatment and another won't. As such, it can be hard to prove that the damage was actually caused by the doctor's misdiagnosis and hard to prove that the exact same thing wouldn't have happened even if your doctor hadn't missed the signs.

Getting Help

If your doctor missed the signs and symptoms of cancer, you should consult with a qualified and experienced attorney. Your lawyer is the best person to help you determine whether you can prove your case or not, in light of the circumstances surrounding your doctor's behavior.