One out of eight women in the U.S. is affected by breast cancer. Like many diseases, it is less likely to turn fatal when discovered and treated in its early stages. However, breast cancer is frequently misdiagnosed, causing the disease to progress before a patient can receive potentially life-saving treatment. Because misdiagnosis is a form of medical malpractice, victims may be entitled to sue a negligent physician or medical facility for their monetary damages and intangible losses. Hiring a cancer misdiagnosis lawyer is the best way to protect your rights and receive the compensation you and your family deserve.
In legal terms, medical malpractice is defined as any action, or failure to act, that causes a patient to suffer harm. To prevail in a malpractice lawsuit, the victim must their condition was a direct result of negligence on the part of a physician, medical practitioner or facility, such as a hospital or lab.
Furthermore, diagnostic errors, including mistaken or delayed diagnoses, account for approximately 33 percent of all medical malpractice claims.
Four elements must exist in order for a medical malpractice case to move forward:
In most medical malpractice cases, the plaintiff must establish that the physician failed to adhere to the accepted norms that other doctors in the same locale and area of specialization would follow in a similar situation. This usually entails extensive documentation and expert witness testimony from other physicians and/or medical experts, which is why it is important to have an experienced cancer misdiagnosis lawyer on your side.
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Yes, although the estimated lifetime risk for men is about 1 out of 833, compared to one out of eight for women. However, men have higher mortality rates because they are less likely to seek early treatment due to lack of awareness.
In addition, unless there is a known genetic predisposition, men do not get regular screening mammograms, which are the best way to detect cancer at its earliest stage.
Further, because male breast cancer is rare, physicians may not recognize the signs until the disease has progressed and successful treatment is no longer possible. The majority of men diagnosed with breast cancer are over 50.
While the cause of many breast cancers cannot be determined, there are certain known risk factors associated with the disease. These fall into two main categories, those that cannot be changed or avoided and those relating to environment and lifestyle choices.
Unavoidable risk factors include:
Yes. There are many reasons why plaintiffs who hire cancer misdiagnosis lawyers have more successful outcomes. First, medical malpractice lawsuits are complex, with numerous forms and strict filing deadlines. In addition, proving that a doctor was negligent is challenging. A winning case usually entails obtaining and evaluating extensive medical records, as well as expert witness testimony from practitioners in the same field. Further, if your case goes to trial, you want an experienced lawyer to represent you in front of a judge and/or jury.
If you or a loved one is the victim of a cancer misdiagnosis, we can help. Our knowledgeable attorneys know what it takes to build a successful case and win the compensation you and your family deserve. Because medical malpractice cases have strict filing deadlines, it is important to contact us as soon as possible to get your case started.
Medical malpractice law is complicated, but finding the right cancer misdiagnosis lawyer is simple.
Don’t let the legal clock run out. Fill out the brief form below or call 1-800-CALL-SAM today for a free, no-obligation consultation with a member of our legal team.
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