Medical Malpractice – Claiming For Cancer Compensation
Cancer comes in many different forms and there are various factors which may increase the likelihood of an individual developing the disease. Your family history, general lifestyle, and other environmental factors may all contribute towards the individual developing the disease.
Many of the claims made in clinical negligence is the failure by doctors to diagnose or treat cancer. Signs that should have been spotted before are not. It is inexcusable in today’s modern day society with the advancements in technology to not effectively spot signs of cancer and treat the patient accordingly. Early misdiagnosis of cancer can have drastic consequences on the patient’s quality and life expectancy. In some instances, the misdiagnosis can be so serious, that treatment may no longer be a viable option, and the patient may be impacted severely.
These acts of professional carelessness may cause harm and damage to their clients. The damage may be physical, emotional or financial. In any case, their client has to go through distress in one way or another. Therefore, there is a special branch of law that deals with the cases of professional negligence. The people practicing this branch are known as professional negligence solicitors.
We do not often hear about the cases of professional negligence. This is not because they do not occur frequently; this is because most people do not take any legal action against these acts of negligence. They are actually not aware of their rights in this type of situation and the action that they must take.
In assessing the patient’s claim, the courts use what we call the ‘balance of probabilities’ test. This means that if the experts in this speciality agree that the correct diagnosis would have given the patient a 60% chance of survival, and the actual delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that individual. The same rule would be applicable to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation. This is because the survival rate was less than probable in both cases.
The balance of probabilities test has caused a bit of an uproar amongst some commentators that have argued that it can lead to unjust results for some of the patients. Despite some differed opinions on the subject, it is still the law that is applied today.
The following are a list of misdiagnoses by doctors that are commonly made in cases of breast cancer:
* Failure to follow up on test results
* Failure to order new tests
* Failing to spot early symptoms
* Confusing the tumour for an infection or diagnosing the tumour as benign
* Failing to spot an obvious lump during an examination
You should take out some time and do some research in your area. You would definitely find a good, qualified and experienced professional negligence solicitor. Once you have found one such solicitor, you should tell him each and every detail of the situation. Do not leave out anything because even minute information is important. You must let you solicitor know everything as it might be helpful for him to build your case on stronger grounds.
A good professional negligence lawyer would help you getting your claims against the damages that you have suffered. People often ignore the professional carelessness and do not take up the cases to the court. In actual, they should take actions against such acts so that these professionals are punished, and they do not try to be negligent again. Other people may also be encouraged by this; so, they would be careful and will learn their rights and may take actions where necessary
Resource Author Francisco Rodriguez H.
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