When you or a loved one begins to exhibit certain medical signs and symptoms that may be indicative of cancer, your medical professional has an obligation to run the tests that are necessary to properly diagnose your condition. If a doctor fails to do so, cancer or another life-threatening disease may accelerate unchecked, which can result in more serious complications and even death. A misdiagnosis can cause crucial delays in treatment that may inhibit your body’s ability to fight off cancer. In this situation, a Roxbury cancer misdiagnosis lawyer could work with you to gauge your situation and determine your ability to bring a claim for medical malpractice. A reliable medical malpractice attorney could help you request various types of damages that cover the extent of your damages.
While some cancers do not produce easily diagnosable symptoms, others cause common symptoms that should alert physicians to order further diagnostic tests. Additionally, some individuals’ family histories should prompt regular screenings for certain diseases, including cancer. Medical professionals should recognize the signs and symptoms of some types of cancers, including:
Delays in treatment or misdiagnosis may allow cancer to progress to the point at which medical intervention may no longer be effective. If this occurs, individuals may have a claim for medical malpractice. This is a situation in which they should strongly consider contacting a Roxbury cancer misdiagnosis lawyer for advice.
Any delay in diagnosis or treatment can result in the worsening of a medical condition. Some misdiagnoses can cause individuals to suffer increased pain, worsening symptoms, the rapid spread of cancer cells, and the attack of cancer cells on internal organs. Not only can this cause a significant decline in individuals’ health and ability to enjoy life, but it can quicken death, reducing the time that individuals have with family and friends.
As technology and medicine have improved over the years, death from certain types of cancers is no longer an assumption in certain circumstances. When doctors and other medical professionals reasonably follow accepted medical standards and protocols, they may be able to prevent death from cancer or the worsening of cancer.
MGL c. 260 § 4 states that patients who have suffered negligence or cancer misdiagnosis at the hands of their physicians or other healthcare providers may only file legal malpractice claims against them within three years of the date of their injuries. However, if individuals are unaware of the malpractice or injury, the three-year claims period does not begin until they discover the malpractice or injury. This is called the “discovery rule.”
This is commonly referred to as a statute of limitations and is a legal deadline that all individuals must follow. If individuals fail to meet the required deadline, they may forfeit their ability to file any legal claims related to the incident whatsoever. A Roxbury cancer misdiagnosis lawyer could help an individual file a claim within the statute of limitations.
Massachusetts also has what is known as a statute of repose. This law places a strict limit on the overall timeframe in which individuals may file medical malpractice claims. Unless the claim involves a foreign object that has remained in individuals’ bodies following surgery, individuals are required to file any medical malpractice claims within seven years of the negligent act occurring.
The results of a cancer misdiagnosis or other form of medical malpractice can be devastating to individuals’ health, quality of life, and overall life expectancy. If you want to hold medical professionals responsible for their errors, you may be entitled to file a malpractice claim.
Get the advice of a Roxbury cancer misdiagnosis lawyer who could help you understand laws regarding medical liability and statutes of limitations to help you take informed legal action. An attorney could help you aggressively seek compensation for your injuries and losses today.