Elements of a Cancer medical malpractice lawsuit

In order to file a successful medical malpractice lawsuit after a misdiagnosis of cancer, the plaintiff must prove the following:

A doctor-patient relationship existed – The first thing you must demonstrate as a victim of medical negligence or malpractice is the existence of a doctor-patient relationship between you and the medical professional you wish to sue. This relationship can exist between you and a medical doctor or any other medical professional who was responsible for your care.  Evidence of a doctor-patient relationship can usually be found in your medical records.

The doctor failed to uphold the standard of care – You must then be able to show that the doctor or medical professional failed to act within the standard of care in their profession. This might mean they failed to order appropriate tests, or failed to accurately interpret lab results, for example.

The doctor’s failure caused the patient to suffer injury or illness – You must show that you or your loved one suffered an adverse outcome as a direct result of the doctor’s action or inaction. For example, your cancer may have spread to another area of the body or progressed to an advanced stage because of the doctor’s misdiagnosis. You will need to show not only that you suffered harm, but that your suffering was caused by the doctor’s substandard care.

The patient suffered damages as a result – The damages in your case can include financial losses such as the medical bills for your treatment. They also include the pain and suffering you or your loved one endured because of the doctor’s negligence.

Proving all four of these elements can be difficult. This is why it is crucial to have an experienced cancer misdiagnosis lawyer handle your case. We review hundreds of medical malpractice cases every year. Our attorneys have seen thousands of negligence and medical malpractice cases through to a successful resolution and obtained maximum damages for our clients.