The quick and accurate diagnosis of cancer could open the door to treatment options that might dramatically increase a patient’s chances of making a full recovery. Health care professionals may not always live up to their responsibility to correctly diagnose and treat cancer patients.
While the great majority of Massachusetts medical professionals may be knowledgeable, empathetic, and provide exceptional care, any physician who fails to uphold their duty of care could be held liable by a Boston cancer misdiagnosis lawyer. A dedicated medical malpractice attorney who has the experience and knowledge to investigate and litigate complex malpractice cases may be able to determine whether your case is worth pursuing.
Typically, a medical malpractice claim for cancer misdiagnosis is brought against the healthcare professional whose negligence delayed or invalidated the diagnosis. This professional could be a medical practitioner who may have misinterpreted test results or elected not to perform a diagnostic test, a radiologist who misread x-rays, a surgeon who did not remove a tumor properly, or other specialists who may have had contact with the patient.
For the plaintiff to prove that the negligence of a medical practitioner or institution aggravated their condition, they must establish the following three elements:
Under Massachusetts General Laws Chapter 231 §85, a medical practitioner may claim that the plaintiff’s negligence played a contributory role in the injury.
So long as the negligence of the plaintiff is not greater than that of the defendant’s, a cancer misdiagnosis attorney in Boston could still recover on the plaintiff’s behalf. That being said, their final damage awarded may still be reduced in proportion to their own degree of liability.
A medical malpractice case involving a cancer misdiagnosis must be filed within three years of the date of the injury. There are certain exceptions which might reduce this time limit and others that may extend the time, as noted in MGL c. 231 §60D. A Boston cancer misdiagnosis lawyer could go over with an individual plaintiff which exceptions may apply to their case.
If the injured plaintiff was not reasonably aware of the malpractice at the time of the misdiagnosis, then the action may not accrue until the date that the plaintiff becomes aware of the injury or malpractice. When the plaintiff becomes aware, the three-year time limit begins to run.
For children under six years of age, a modified statute of limitations may apply. The statute may be up to six years, but for a minor under the age of six, the suit must still be brought by their ninth birthday.
Massachusetts also has a strict statute of repose on medical malpractice claims. Barring cases of retained foreign objects, no medical malpractice lawsuit in the state may be brought more than seven years after the alleged malpractice occurred. To ensure that a proper claim is filed in time, obtain an accomplished lawyer.
Medical providers must follow generally accepted standards of practice. If a medical practitioner departs from the reasonable medical standards or acts without proper authorization, they may be held responsible for financial losses suffered by the plaintiff.
Misdiagnoses of pre-cancerous and cancerous conditions may have disastrous consequences, which means damages recovered through an ensuing civil lawsuit could be equally significant. To learn more about your legal rights and to discover how a Boston cancer misdiagnosis lawyer could help protect them, call now.