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Medical malpractice cases such as delayed cancer diagnosis or misdiagnosis are more complex, both procedurally and substantively than ordinary personal injury claims. You should consult an attorney to explore the legal nuances of your specific case, but here are some general answers to questions that often arise at the outset of these claims.
What is the standard of care in delayed cancer diagnosis cases?
Your case must establish that the healthcare provider failed to diagnose you in a timely manner and that delay was long enough to make a difference in your outcome. Sometimes there may be a delay in diagnosis claim as a result of negligence by the provider.
Who can I sue in a delayed cancer diagnosis claim?
The defendants in your case will vary depending on the facts of your case and circumstances of misdiagnosis or delayed cancer diagnosis. In most cases, the defendants include the hospital, medical practice and treating physicians.
Delayed Cancer diagnosis Common Questions
What are some common examples of delayed cancer diagnosis?
The most common types of cancers that are misdiagnosed are: breast, colorectal, lung, prostate, ovarian, and cervical.
What is the statute of limitations in a delayed cancer diagnosis case?
Both Pennsylvania and New Jersey have a two-year statute of limitations. This begins once you knew, or should have known, that malpractice occurred. Consult our attorneys to determine the applicable statute of limitations in your case.
What damages can I recover as a result of delayed cancer diagnosis?
Delayed diagnosis injuries may entitle you to recover damages for a variety of losses, including:
Medical expenses
Wage loss
Loss of future earning capacity
Emotional distress
Pain and suffering
How much is my delayed cancer diagnosis case worth?
The settlement value of your cancer misdiagnosis case is a function of multiple factors. Contact our lawyers for more information.
What are damages caps?
Damages caps are laws that limit the amount of non-economic damages that may be awarded for a case. Not all states cap the amount of damages that can be recovered. Contact our attorneys to discuss whether a damage cap applies to your case.
Do I need a lawyer for a delayed cancer diagnosis case?
When the delayed diagnosis or misdiagnosis results from negligent care of a medical professional or facility, you should seek our legal assistance to ensure that you get the compensation you deserve.