Failure to diagnose breast cancer and elements of a medical malpractice lawsuit-Cheyenne medical malpractice lawyer for a free case review.
Failure to diagnose breast cancer is one of the most devastating forms of medical malpractice. Because there is no definitive cure at this point, receiving treatment early significantly improves the prognosis. In some cases a medical provider fails to correctly read a mammogram, or fails to accurately read a biopsy report, thus missing the cancer. While a woman cannot and ethically should not sue a physician for the mere onset of cancer, it certain circumstances when a medical provider does not use a reasonable standard of care, a medical malpractice lawsuit it appropriate. The treatment of breast cancer in later stages can run into hundreds of thousands of dollars, and not only may a woman’s lifespan be shortened, a family may also face financial devastation. If you or someone you love is a “failure to diagnose” victim and live in the state of Wyoming, immediately contact a Cheyenne medical malpractice lawyer for advice on your case.
There are four key elements a plaintiff must prove in order for a medical malpractice claim to be successful. The four include: a duty was owed by the medical provider, the duty was breached by the provider, harm resulted, and the harm was directly related to the breach of duty. If all four elements can be established, a medical malpractice lawsuit may be warranted. Your Cheyenne medical malpractice lawyer will review the evidence surrounding your case, will launch an in-depth investigation to gather more evidence in support of your claim, and will consult with medical expert witnesses who will testify in your behalf if the case is not settled, but goes all the way to a jury trial.
The types of damages that can be named in a lawsuit related to failure to diagnose breast cancer can vary widely. Your attorney may include lost wages when appropriate, lost future earnings, medical expenses including medication and rehabilitation costs, psychiatric counseling, pain and suffering, punitive damages and more. A statute of limitations exists in all states, meaning you only have a certain window of time following the failure to diagnose, in which to file a lawsuit. It is important to seek legal counsel as early as possible to guide you through the process and keep you in compliance, as well as to maximize your financial recovery.
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