Definition of Cancer Misdiagnosis
Cancer misdiagnosis may be considered negligent and the basis for a personal injury case if the patient can prove the medical specialist failed to follow the acceptable standards of care required by their professional capacity. Because many cancers can be successfully treated if caught early and they do not metastasize, it is critical that patients get an accurate medical diagnosis.
Claimants who have been misdiagnosed can hire a personal injury lawyer to discuss their case. The injury lawyer can review whether their cancer screenings were done in a timely manner, whether the ultrasound and other radiographic testing was properly done, whether the patient was asked to return on a timely basis for radiological/diagnostic assessment, and they were referred to the appropriate specialist. Cancer misdiagnosis claims would be considered medical malpractice cases and must be filed within a specified time frame called the statute of limitations. Claimants who fail to file their case within the statute of limitations lose their right to compensation through a medical malpractice lawsuit.