The prompt and proper diagnosis of cancer is critical for the patient’s overall health outcome and prognosis. When medical malpractice or negligence gets in the way of a proper cancer diagnosis, the patient may have the right to file a civil claim against the health care provider.
The lawyers at The Fine Law Firm are here to help injured patients in Las Cruces and throughout New Mexico seek justice and fair financial compensation for cancer misdiagnosis cases. Our Las Cruces medical malpractice attorneys are passionate about protecting the rights of victims who may have missed the opportunity to receive life-saving treatment for cancers due to medical negligence.
For a free consultation, where you can speak directly to a cancer misdiagnosis lawyer to learn more, contact us at (505) 889-3463 24/7.
Why Hire Our Las Cruces Cancer Misdiagnosis Lawyers?
- We know how to navigate New Mexico medical malpractice claims. Our legal team has over 100 years of combined experience and has been representing clients since 1975.
- You will receive the undivided attention of your cancer misdiagnosis lawyer. We know you’re going through a difficult time and are here to support you every step of the way.
- Our case results show what we can do in and out of the courtroom. We have collected millions of dollars in settlements and verdicts for clients, including many medical malpractice success stories.
- You won’t be charged anything by your lawyer unless your cancer misdiagnosis case in Las Cruces results in financial compensation for your losses. The Fine Law Firm operates on a contingency fee basis.
How Can a Lawyer Help With a Cancer Misdiagnosis Case?
If you suffer adverse health or medical consequences because of a harmful cancer misdiagnosis, hiring an attorney is an important step toward getting justice. Only a lawyer will have the knowledge, experience, negotiation skills and litigation ability to take your malpractice case where it needs to go. You can trust your lawyer to fight for a fair case outcome on your behalf.
A cancer misdiagnosis attorney can investigate the event, look for signs of medical negligence, collect evidence of malpractice, hire medical experts and accurately calculate your damages. Then, a lawyer can go up against a hospital or medical provider’s insurance company to seek maximum compensation for a cancer misdiagnosis while you get the proper treatments and medical care you need.
What Is the Correct Way to Diagnose Cancer?
Cancer can have a variety of symptoms depending on the type and severity of the disease. If a patient visits a doctor or hospital presenting potential symptoms of cancer, a physician has a responsibility to take the right steps to come to an accurate and time-efficient diagnosis. This includes:
- Listen to the patient’s complaints
- Observe any physical symptoms
- Review the patient’s medical history
- Conduct a physical exam
- Run the correct tests, such as blood tests and screenings
- Take biopsies and tissue samples
- Use imaging scans to locate tumors
- Recommend the patient to an oncologist or specialist, if needed
If a doctor skips any key steps, ignores symptoms, misreads tests or scans, or otherwise makes a careless mistake during the diagnostic process, errors and oversights can occur. If cancer is not detected, diagnosed and treated promptly, critical treatment windows may close for the patient.
Common Reasons for Cancer Misdiagnoses in Las Cruces
A case of cancer may be misdiagnosed as a different, less serious condition (or not diagnosed at all) by a physician for a variety of reasons. Some are common mistakes, such as two similar disease types, while others are flagrant mistakes and careless lapses made by a negligent health care provider.
Common issues connected to cancer misdiagnoses include:
- Symptoms that mimic other illnesses
- Delayed testing
- Test interpretation errors
- Missed tumors on x-rays or scans
- Pathology mistakes
- Communication breakdowns among medical providers
- Lack of proper referrals to specialists
- Administrative errors
Physicians are not expected to make the correct diagnosis 100 percent of the time, but they are required to use certain standards of care when treating and diagnosing their patients. Anything less than this is medical negligence and could be grounds for a lawsuit if cancer is missed.
Do You Have Grounds for a Claim in Las Cruces?
A misdiagnosis or failure to diagnose cancer may be grounds to file a medical malpractice claim in Las Cruces if there is evidence of a health care provider’s negligence. Medical negligence describes the failure of a medical practitioner to adhere to the required standards of care, resulting in patient harm.
There are four parts to proving medical malpractice:
- The defendant or practitioner owed the patient a certain standard of care.
- The defendant breached the standard of care.
- The defendant’s breach caused the patient’s injury or harm.
- The plaintiff suffered real damages as a result of the negligence.
The plaintiff needs evidence proving these elements as more likely than not to be true. Common evidence used includes medical records, medical expert testimony, photos and videos, and proof of the victim’s damages.
Recovering Compensation for Cancer Misdiagnosis
No amount of money is enough to make up for the harm caused by a medical error as serious as a cancer misdiagnosis. As a victim, you may never be able to make up for the time you lost waiting for the right diagnosis. You could suffer long-term consequences from a lack of timely treatment, including the cancer metastasizing or becoming terminal.
At The Fine Law Firm, we recognize how much a cancer misdiagnosis can affect your life and future. We will do what we can to maximize your case results to give you a little more peace of mind during this difficult time. You may be eligible for compensation for:
- Additional medical care
- Long-term or ongoing health care costs
- Lost wages and capacity to earn a living
- Pain, suffering and emotional distress
- Lost enjoyment of life
- Loss of consortium
- Wrongful death damages, such as funeral and burial costs
- Punitive damages, in some cases
Our lawyers will accurately determine your case value, take over insurance settlement negotiations and, if needed, bring your case to court to seek optimal results. We understand New Mexico’s medical malpractice damage caps and how to get the most for our clients when results matter.
Contact The Fine Law Firm for a Free Case Review in Las Cruces
A cancer misdiagnosis could change the trajectory of your life and have permanent consequences. If you suspect medical malpractice in relation to your cancer misdiagnosis, the Las Cruces attorneys at The Fine Law Firm are here to help. Please contact us at (505) 889-3463 or send us a message 24/7 for your free case consultation.