When cancer misdiagnosis patients are victims of medical negligence, they may be able to file a cancer lawsuit against the negligent medical professional. Cancer misdiagnosis patients who wish to file a lawsuit should speak with an experienced misdiagnosis attorney as soon as possible. A cancer misdiagnosis attorney can help the patient with virtually all steps in the cancer litigation process, from determining if the patient has a legitimate case to defending the patient in trial if necessary.
Role of a Cancer Misdiagnosis Attorney
A misdiagnosis attorney will aid the plaintiff, or the cancer misdiagnosis patient filing the lawsuit, from the beginning of the case to its resolution. The attorney will work to recover the maximum amount of compensation for the plaintiff. The awards from a misdiagnosis lawsuit aim to cover the physical, financial, and psychological struggles that the patient faces as a result of the misdiagnosis.
Misdiagnosis Attorney Consultation
Before a cancer lawsuit can be filed, a misdiagnosis attorney will consult with the client regarding the potential case. This initial consultation is in place to ensure that the client’s case has a legitimate legal basis. In order to determine whether or not the patient has a case, the misdiagnosis attorney will collect information from the patient regarding the circumstances of the incident in question. The misdiagnosis attorney will also conduct legal research based on specific aspects of the case to ensure that the potential cancer lawsuit complies with the laws of the state in which the lawsuit will be filed.
Collecting Information and Documentation
To file and present the case, misdiagnosis attorneys will collect:
- Pertinent information about the alleged cancer misdiagnosis incident
- Patient medical records and bills, which provide legal evidence of medical-related claims
- Testimony from the patient and the defending medical professional
- Expert testimony from medical professionals who have similar expertise and experience to the defendant
- Research regarding the patient’s medical condition and industry standards for treatment
Resolving the Case
The misdiagnosis attorney will work to resolve the case in a number of possible ways. Case resolution may occur outside of court in the form of mediation, arbitration, or settlement. These outcomes involve an agreement made between the plaintiff, the defendant, and other involved entities such as insurance companies. In these scenarios, the misdiagnosis lawsuit will not continue to trial. However, the lawsuit will proceed to a full trial if an agreement is not reached. The outcome of the case will depend on a number of factors, including the plaintiff’s goals and the cooperation of the defendant.
Hiring a Cancer Misdiagnosis Lawyer
It is important for patients to select an attorney with specific experience in cancer misdiagnosis. Due to the complex and difficult nature of cancer misdiagnosis lawsuits, selecting an attorney with a cancer misdiagnosis history can significantly improve the outcome of the case. A cancer misdiagnosis attorney will be familiar with the type of information, documentation, and research that is typically required to defend a cancer misdiagnosis case.
Misdiagnosis Attorney Qualifications
Before hiring a misdiagnosis attorney, it is recommended for patients to conduct research to ensure that the selected attorney is qualified and experienced in similar cancer misdiagnosis cases. If possible, the patient should confirm whether or not the attorney has a track record of success in defending plaintiffs in similar cancer misdiagnosis lawsuits. The state bar in the attorney’s practicing state can provide information such as whether or not the attorney has been disciplined for legal or ethical misbehavior.
When to Hire a Misdiagnosis Attorney
Cancer misdiagnosis patients should hire a misdiagnosis attorney as soon as doctor negligence is suspected. Time is an important factor in a misdiagnosis lawsuit due to each state’s varying statute of limitations. The statute of limitations dictates the amount of time a medical negligence victim has to file a lawsuit against the medical professional who committed the alleged medical negligence. The statute of limitations typically begins at the time the negligence caused harm to the patient, or when the patient had reasonable evidence to conclude that negligence was the cause of his or her harm. In addition to filing and resolving a case, a misdiagnosis attorney can help determine if the case falls under the state’s statute of limitations.
Sources:
Bal, B. Sonny. “An Introduction to Medical Malpractice in the United States.” Clinical Orthopaedics and Related Research. 467.2 (2009): 339-347. Print.
“Delayed diagnosis and medical negligence.” Medical Law Cases – for Doctors 4.6 (2011): 87. Academic OneFile. Web. 17 Nov. 2013.
Stein, Alex. “Toward a theory of medical malpractice.” Iowa Law Review. May 2012: 1201+. Academic OneFile. Web. 17 Nov. 2013.