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Misdiagnosis of Cancer: Medical Malpractice or Honest Error?

March 23, 2020

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Cancer occurs when your body starts creating new abnormal cells instead of the cells your body needs. These new ineffective cells start to build up, and they create what’s called a tumor.

Statistics indicate that half of all women and one-third of American men will develop cancer at some point in their lifetime. Doctors around the globe rely on biopsies and other tests to diagnose whether a person is suffering from cancer or not, but sometimes an individual will get misdiagnosed. If you were misdiagnosed, then you likely have questions like was your misdiagnosis avoidable, and are your losses due to the misdiagnosis? Get the answers below.

Was my Cancer Misdiagnosis Avoidable?

Healthcare, and specifically cancer, is complicated. If you were misdiagnosed, then you’re likely wondering whether your doctor provided adequate care. There’s no cure for cancer, and doctors still struggle to identify and treat this challenging condition. For that reason, your cancer misdiagnosis could be due to a reasonable medical error.

In order to determine whether you have a medical malpractice claim, you’ll have to judge whether your doctor’s level of care was reasonable. Often, you’ll need to consult with an attorney and a medical expert to make these determinations. This fact is crucial because if your doctor acted in a manner that was outside of the scope of reasonable care, then they could be held liable for your losses.

If your doctor acted with reasonable care and still misdiagnosed you, then you won’t be able to seek out compensation for your misdiagnosis.

Are my Losses Due to a Misdiagnosis or the Cancer Itself?

On top of proving your doctor acted outside of the scope of reasonable care, you’ll also need to prove that your losses were a direct result of the misdiagnosis. If your losses are a result of your cancer itself or the condition you’re suffering, then you might not be able to get compensation. Your losses must be directly tied to your misdiagnosis. For example, if delayed treatment caused further suffering and increased medical bills, then you’ll be able to get compensation. If your bills are a result of your condition, then you can’t seek compensation for them.

Contact A Medical Malpractice Attorney for a Consultation About Your  Cancer Misdiagnosis Case in New Jersey

Were you or a loved one injured due to medical malpractice in New Jersey? Then you need to talk to an experienced New Jersey personal injury attorney as soon as possible for guidance on how to proceed. The Morristown cancer misdiagnosis attorneys at Hoyt & Hoyt, PC, are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including New Brunswick, Edison, Woodbridge, Old Bridge. Call us today at (973) 718-7744 or fill out our online contact form to schedule a consultation. Our main office is located at 67 East Park Place, 5th Floor, Morristown, NJ 07960 and we also have offices in New Brunswick.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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