Medical Malpractice for Failure to Diagnose Thyroid Cancer
As a patient, you rely on your doctor to provide you with effective and compassionate care. You also expect them to listen to your concerns, evaluate your symptoms, and tell you why you are having certain health issues. Unfortunately, incorrect diagnosis occurs quite often in medical facilities throughout the U.S. In a recent study by the Mayo Clinic, it was shown that more than 20% patients received the wrong diagnosis, and 66% of those who got a second opinion needed changes to a diagnosis they received from the initial doctor.
The takeaway here is that diagnostic errors are not isolated events, and the consequences can be fatal for the patient, as they are receiving the wrong type of treatment or no treatment at all.
Are you suffering due to a failure to diagnose thyroid cancer or throat cancer? A cancer misdiagnosis lawyer at Kenmore Law Group can explain your rights to you under California law and help you determine if a medical malpractice lawsuit is the best course of action.
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Medical Malpractice
Diagnostic Errors Made by Cancer Doctors
It’s unrealistic to expect that doctors will never make a mistake, regardless of how much experience they have. That’s why a wrong diagnosis does not automatically entitle patients to monetary compensation from a medical malpractice lawsuit.
In a study conducted by the National Academies of Medicine, there are many circumstances that can lead to a late or missed diagnosis of thyroid cancer by an oncologist. Examples include, but are not limited to:
- Lack of communication between patients, doctors, and loved ones involved in the patient’s care
- Insufficient support from the hospital administration / other staff
- Inaccurate of inadequate feedback regarding a doctor’s diagnostic performance
- A workplace culture where transparency and accountability for mistakes are discouraged, even when patients’ lives are at risk.
With cancer, detecting the disease early is the key to a successful recovery. Unfortunately, many patients are misdiagnosed by careless physicians and end up suffering needlessly. They may also have a shortened life span because the available treatments are ineffective by the time they are properly diagnosed.
Failure to Diagnose Thyroid Cancer Early Enough
When a cancer specialist fails in their duty of care during the diagnostic stage, the consequences can be fatal for the patient. A malpractice claim may be filed against doctors who exhibit negligence or misconduct in the following ways:
- Not referring a patient to an oncologist or other specialist
- Failing to recognize the signs of thyroid cancer
- Failing to recommend diagnostic tests
- Misplacing medical charts and other documents related to the patient’s care
- Misreading test results from MRIs, X-rays, etc.
- Disorganization / poor coordination of services by hospital administration
It’s important to note that these are not the only cases where someone can file a medical malpractice lawsuit. This is a complex area of law with various layers and nuances, and your eligibility for compensation depends on many factors that are specific to your own case.
Professional Standards in Making a Diagnosis for Cancer
When you are in the early state of thyroid cancer, you may not have any symptoms that are alarming enough to bring up to your doctor. It’s also worth noting that cancer can be difficult to detect, even with diagnostic tests like biopsies, mammograms, and CT scans. However, careful monitoring and regular checkups is the key to an early diagnosis, which will greatly improve the patient’s chances of recovery.
The kind of treatments recommended by the doctor also plays a critical role in how well a patient bounces back after a cancer diagnosis. Oncologists must consider numerous variables, like the patient’s current state of health, pre-existing health issues, and the benefits of the treatment versus the potential risks.
We cannot deny that getting any diagnosis right, especially for life-threatening illnesses like cancer, is a complicated process, where 100% accuracy cannot be guarantee. That’s why it’s even more important for doctors to follow a code of professional standards and practices, which are established by state and national medical boards.
If you would like more information on pursuing a failure to diagnose lawsuit, please contact our office. We can provide you with advice and guidance on a misdiagnosis claim for any of the cancers listed below:
- Thyroid cancer
- Throat cancer
- Cervical cancer
- Prostate cancer
- Breast cancer
- Leukemia
- Lymphoma
- Sarcoma
- Skin cancer
Can I Sue a Doctor for Failure to Diagnose Thyroid Cancer?
Diagnostic errors by doctors can cause life-altering injuries and death to the patients that have no choice but to rely on their education and experience. If you suffered serious harm due to thyroid cancer that was not diagnosed or wrongfully diagnoses, you may be eligible for a medical malpractice lawsuit. Here are some of the factors that can help you decide if filing a cancer misdiagnosis malpractice claim may be right for you:
- Your oncologist did not provide you with a correct cancer diagnosis.
- You went regularly for checkups, but your doctor failed to detect the signs of cancer.
- Diagnostic tests were ordered after you exhibited symptoms of thyroid or throat cancer, but your physician failed to interpret the results correctly.
- You conveyed your symptoms and concerns to your doctor, but they were ignored or dismissed.
- Because your doctor failed to detect cancer or made an incorrect diagnosis, your health took a turn for the worse due to lack of or delayed treatment.
What is the Deadline in California for a Medical Malpractice Lawsuit?
If you are eligible for a medical malpractice claim against your doctor, the time limit for a lawsuit can be anywhere from 1 to 3 years. Most claimants will need to file a lawsuit no less than 1 year from when they received a faulty diagnosis. But there are numerous circumstances that can change the statute of limitations for a cancer diagnosis malpractice claim, so we must speak with you in person and learn man details about your case before we can say for sure how long you have for a lawsuit against your oncologist, another medical professional, or the hospital.
Hire a Medical Malpractice Attorney for $0 Upfront
By contacting us today, you will receive a free consultation on your rights and legal options if you are a victim of negligence by a cancer specialist. Not only that, we also pledge to protect you with the Zero Fee Guarantee if you choose to hire us for a failure to diagnose thyroid cancer lawsuit. With this policy, we agree to represent you on contingency, meaning we are paid by receiving a percentage of your settlement or payment from a jury verdict. So, you pay nothing upfront, and you owe us $0 in the event we fail to secure a favorable resolution to your lawsuit.