Cancer is a harrowing diagnosis, but thanks to advances in treatment over the past several decades, it is no longer necessarily a death sentence. Such treatments often include chemotherapy, which involves the use of drugs that work by targeting and killing rapidly dividing cells, which is a characteristic of cancer cells. While chemotherapy is a life-saving treatment, it is not without risk and, therefore, must be administered with great care. Regrettably, it is not uncommon for doctors to make mistakes when giving patients therapy and for their patients to suffer injuries due to such errors. If you were harmed by a doctor’s reckless administration of chemotherapy, you have the right to pursue chemotherapy malpractice claims, and it is in your best interest to talk to a lawyer. At Arfaa Law Group, our attorneys are committed to helping victims of medical negligence in the pursuit of damages, and if you engage our services, we will fight zealously on your behalf.
Examples of Chemotherapy MalpracticeChemotherapy malpractice involves errors or negligent actions by healthcare providers during the administration of chemotherapy treatment. Chemotherapy is a critical yet complex treatment for cancer that requires careful dosage calculations, monitoring for adverse reactions, and managing side effects. Malpractice in this area can arise in various ways, including the administration of incorrect drug dosages, the use of inappropriate drug combinations, the failure to monitor and manage side effects, and inadequate communication with patients about the potential risks and expected outcomes of the treatment.
Such errors can lead to severe consequences, including life-threatening toxicity, ineffective treatment, and unnecessary suffering. Patients harmed by chemotherapy malpractice may endure prolonged illness, additional medical procedures, and a diminished quality of life.
Components of a Chemotherapy Malpractice LawsuitPeople harmed by errors during the administration of chemotherapy will often pursue chemotherapy malpractice lawsuits seeking to recover compensation for the financial, physical, and emotional losses they sustained. In order to present a winning case, they typically must establish liability and damages.
As most harm doctors cause their patients is accidental, a plaintiff in a medical malpractice lawsuit will usually allege the defendant was negligent. In Maryland, establishing negligence requires a plaintiff to demonstrate a duty owed by the defendant, a breach of the duty, and damages proximately caused by the breach.
The duty a doctor owes a patient is to abide by the standard of care. The standard of care that applies is what a competent doctor who works in the same practice area as the defendant would do when presented with the same set of facts. Any behavior that deviates from what is appropriate under the standard of care is considered a breach.
Subsequently, the plaintiff has to illustrate that the defendant’s breach caused the plaintiff to suffer actual losses. In most instances, the plaintiff will need to rely on testimony from an expert to explain what is required under the standard of care, the manner in which the defendant failed to meet the standard, and how such failures led to the plaintiff’s losses.
After establishing liability, the plaintiff must quantify their damages. Such losses may include the cost of medical care, lost income, and out-of-pocket costs. It can also encompass intangible harm, such as suffering, pain, and mental and emotional distress. In some instances, testimony from the plaintiff’s treatment providers, family members, and medical experts may be needed to prove the plaintiff’s losses.
Talk to an Experienced Baltimore AttorneyChemotherapy is an essential component of care for many patients diagnosed with cancer, but when it is not administered with care, it can cause more harm than good, and doctors who negligently injure their patients should be held accountable. If you are the victim of chemotherapy malpractice, it is wise to talk to an attorney about your options for pursuing damages. The experienced Baltimore lawyers of Arfaa Law Group can inform you of your rights and help you to seek any compensation you may be able to recover. Our office is located in Baltimore, and we regularly represent people in medical malpractice cases throughout the city. You can contact us at 410-889-1850 or through our online form to set up a conference.