Damages in Failure to Diagnose Cancer Cases

While people diagnosed with cancer often fear the worst, many people with malignancies respond well to treatment and go on to enjoy long and healthy lives. When doctors miss cancer diagnoses, though, it spreads unchecked, resulting in worsened prognoses, fewer treatment options, reduced life expectancy, and diminished quality of life. If you were injured by a delayed or missed cancer diagnosis, it is important to understand your rights and what compensation you may be able to recover in a medical malpractice lawsuit against your provider, and you should talk to an attorney. The knowledgeable Baltimore medical malpractice attorneys of Arfaa Law Group are adept at recovering damages in failure to diagnose cancer cases, and if you engage our services, we will work tirelessly in pursuit of any compensation you may be owed.

Numerous errors by healthcare providers can lead to the failure to diagnose cancer, including misinterpretation of medical tests such as biopsies or imaging scans, inadequate screening protocols, communication breakdowns among healthcare providers, and failure to recognize symptoms or risk factors.

Diagnostic errors can occur due to the complexity of the cancer, symptoms that overlap with other conditions, and limitations in available diagnostic tools. Additionally, delays in follow-up appointments or referrals to specialists can contribute to missed opportunities for timely diagnosis. In some cases, healthcare providers may also dismiss or downplay patient concerns and, therefore, fail to thoroughly investigate symptoms.

Damages in failure to diagnose cancer vary but generally include compensation for economic and noneconomic losses. Economic losses typically include medical expenses associated with the delayed diagnosis and subsequent treatment, lost wages or earning capacity, and out-of-pocket costs. Noneconomic harm usually includes the physical and emotional distress caused by the delayed diagnosis and its impact on the patient's quality of life.

People who suffer losses due to a doctor’s failure to diagnose cancer are often able to recover compensation for their damages in a medical malpractice lawsuit. Generally, a plaintiff seeking damages in a medical malpractice case will allege that the defendant was negligent. In Maryland, a plaintiff alleging negligence in the context of medical care must first demonstrate that the defendant owed them a duty. The plaintiff then has to prove that the defendant departed from the standard of care, thereby breaching the duty owed. Finally, the plaintiff must show that the breach proximately caused the plaintiff’s harm. In other words, while the plaintiff is not required to prove that the defendant’s breach of the duty owed was the sole cause of their losses, the plaintiff must show that the breach was a substantial force in bringing about the plaintiff’s injuries and that the plaintiff would not have been harmed without the breach.

Expert testimony is indispensable in most medical malpractice cases in Maryland due to the complex nature of medical treatment and standards of care. Expert testimony helps to both establish the standard of care expected in a particular medical situation and show that the standard was breached by the defendant. Expert testimony is also necessary to establish the damages the plaintiff suffered due to the defendant’s breach.

A plaintiff who proves each element of negligence may be awarded damages for the economic harm they suffered due to the defendant’s negligence. In other words, the plaintiff may receive compensation for the cost of any medical treatment, lost wages, and out-of-pocket expenses. The plaintiff may also be awarded damages for the noneconomic harm or suffering, pain, and mental distress they experienced because of the defendant’s failure to diagnose cancer. If the plaintiff was married when the accident occurred, their spouse might be able to recover damages for loss of consortium as well.

Cancer is a devastating diagnosis, but with prompt and appropriate treatment, many people with cancer have good prognoses. The failure to diagnose cancer, therefore, often causes irreparable losses and frequently constitutes grounds for pursuing medical malpractice claims. If you want to learn more about damages in failure to diagnose cancer cases, it is smart to meet with a lawyer. The capable Baltimore lawyers of Arfaa Law Group can advise you of your rights and aid you in seeking a favorable result in consideration of the facts of your case. We have an office in Baltimore, and we frequently represent parties in medical malpractice lawsuits throughout the city. You can contact us at 410-889-1850 or through our online form to arrange a conference.