We Are Experienced Oncology Medical Malpractice Lawyers
- Over 40 Years of Experience
- More Than $3 Billion Won for Our Clients
- Thousands of Lives Changed
You trust hospitals and medical professionals to be there when you need them, providing the best medical care possible. Thankfully, they often provide that care to you without error. Unfortunately, the consequences when they do make errors can be devastating.
When medical errors involve cancer patients, the consequences can be particularly devastating. If you have experienced medical treatment resulting in a delayed or missed cancer diagnosis, a misdiagnosis of cancer, or mistreatment of cancer—or other substandard medical care—you may find yourself wondering if you have a case for oncology medical malpractice. Read on to learn more.
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Can You Sue an Oncologist?
The nature of treating cancer is already full of uncertainty and, often, despair. Oncologists—doctors who diagnose and treat cancer—are usually compassionate medical professionals who understand the importance of working with their patients toward the most hopeful outcome possible.
However, sometimes your oncologist might make a mistake. Other times, an oncology lawsuit may be driven by the actions of another medical professional involved in your case. This might include medical professionals on the diagnostic side, like the primary care physician you first reported symptoms to, the radiologist who takes the scans or images, or the pathologist who reads your biopsies. Even people who were involved in the ordering and administration of radiation or chemotherapy can make mistakes that affect the outcome of your treatment. Regardless of where the error was made, if a malpractice claim is found to have merit, you have a case.
Some of the more common grounds for oncology medical malpractice claims include:
- Delayed diagnosis
- Missed diagnosis
- Ignored genetic counseling
- Poor patient education
- Delayed treatment
- Incorrect drug administration
- Inadequate informed consent
In order to make a claim for oncology medical malpractice, you will need to prove that the oncologist had a duty to you to follow the standard of care, that there was a breach of that duty, and that harm was directly caused by the breach.
For many patients, distinguishing between the complicated nature of cancer treatment and malpractice can be difficult. If something about your or your loved one’s case feels amiss, consider reaching out to an oncology medical malpractice attorney for guidance.
Can You Sue for Misdiagnosis of Cancer?
A large number of oncology medical malpractice cases are from failures at the diagnostic stage. This means that the medical professional failed to provide the quality of care at this stage that would be reasonably expected by a competent professional in that role.
For example: a patient may reach out to her doctor with concerns about a lump in her breast, and her doctor, overwhelmed with appointments that day, does not perform a complete physical exam and or any further testing. If a later exam results in the diagnosis of late-stage cancer, the patient may have a case that the cancer would have been found earlier had the original physician not acted negligently.
However, it’s important to understand that the law does not hold doctors legally responsible for all mistakes in diagnosis. In order to prove malpractice, you must establish both that your medical professional did not act competently and that the lack of competence resulted in harm. You will need to reasonably prove that your injuries—physical, emotional, and financial—would have been greatly reduced if you had gotten the correct diagnosis sooner.
How Much Can You Sue for in an Oncology Medical Malpractice Lawsuit?
Remarkable advancements in oncology mean that doctors are able to detect cancer earlier than ever before. While this is no guarantee of a speedy diagnosis or even a positive outcome, it could mean that you are entitled to financial compensation in the case of a delayed or incorrect cancer diagnosis.
Nationwide, the average settlement for an oncology medical malpractice case is somewhere around half a million dollars. We have obtained hundreds of millions of dollars in verdicts and settlements in cases involving delayed or missed diagnoses of cancer alone, with a number of multi-million dollar payouts for our clients. While every case is different, Janet, Janet & Suggs is committed to fighting tenaciously for each client to get the maximum compensation they deserve.
What Are the Grounds for an Oncology Medical Malpractice Lawsuit?
In order to have grounds for a medical malpractice lawsuit, your case must meet three basic criteria:
- A responsibility for your care. You must prove that there is an existing medical professional-patient relationship, either because you asked for care from this or because another medical professional requested it.
- A failure to follow through on that responsibility. Malpractice requires that the medical professional failed to uphold the standard of care owed to you by the doctor-patient relationship. This can be intentional or unintentional on the part of the medical professional.
- An injury caused by that negligence or mistake. You must be able to prove that there was a negative outcome or injury.
- A direct link between the damage and the breach of duty. You will need to prove that the negative outcome was directly caused by the medical professional’s violation of the standard of care. An example would be a delayed diagnosis of cancer that should have reasonably been diagnosed at stage I that was not found by the doctor until stage IV.
What Is Proof of Oncology Medical Negligence?
In an oncology medical malpractice lawsuit, the plaintiff—the person who filed the lawsuit—must be able to prove that the malpractice was a result of a medical professional’s poor standard of care.
Even the most competent medical treatment can result in misdiagnosis or poor result when it comes to treating cancer, so it is important to pay careful attention to your or your loved one’s treatment if you are concerned about possible malpractice.
Some common factors in malpractice cases are:
- The doctor failed to identify symptoms that would have been reasonably obvious to another competent doctor.
- The doctor failed to order proper testing in spite of the presence of symptoms that would have been apparent to a similar doctor.
- The medical professional did not follow testing protocols or educate the patient on necessary protocols, resulting in incorrect test results.
- The doctor neglected to order follow-up testing when initial testing indicated the need for it.
- The testing laboratory failed to notice or report abnormal cell activity when another similar professional would have.
Is It Easy to Prove Oncology Medical Malpractice?
Proving malpractice is not always easy, and it can be a long, stressful process for the patient and their family. Sometimes, when medical malpractice results in death, families are left both grieving and seeking accountability.
Working with a team of experienced lawyers and qualified professionals who can advocate for your rights makes proving your case easier. If during your consultation with one of our experienced lawyers we determine that you might have a case, Janet, Janet & Suggs has the resources to review your records and determine the best way to proceed.
Oncology medical malpractice cases have a statute of limitations that make it impossible to file after a period of time has passed. States have these limits in place because of concerns about evidence being lost, memories fading, and claims hanging indefinitely over medical professionals.
You have a limited amount of time to file a claim, and the more time that passes, the harder it can be to prove. The sooner we can begin working on your case, the sooner you can be on the path to peace of mind and the best possible quality of life.
Locations We Serve
The knowledgeable oncology malpractice attorneys at Janet, Janet & Suggs proudly serve medical malpractice survivors and their families across the nation. Our attorneys are licensed to represent clients in nearly a dozen states and districts, including:
- New Jersey
- New York
- North Carolina
- South Carolina
- Washington, D.C.
If you reside outside of these states, Janet, Janet & Suggs may still be able to represent you. Our attorneys have received court approval to practice in several other states across the country.
Why Choose Janet, Janet & Suggs for Your Oncology Medical Malpractice Case?
Janet, Janet & Suggs is a nationally recognized legal/medical team with over 40 years of experience both at the settlement table and in the courtroom. Our attorneys understand the special consideration of medical malpractice cases, and we provide our services on a contingency fee basis—which means you do not pay anything until your case is won.
We know oncology medical malpractice can have a devastating impact on your finances and quality of life, and we are committed to fighting for the maximum compensation you deserve. If you or a loved one believes you may have grounds for a lawsuit, contact us to schedule a consultation.