Hammond Cancer Misdiagnosis Lawyer
Finding out you have cancer can be devastating. However, as difficult as it is to receive a cancer diagnosis, the experience can be made far worse if your doctor makes a mistake in the process of determining your illness. Many cancer treatments are most potent in the early stages of the disease, so a delay in diagnosis could make a significant difference in the patient’s long-term prognosis.
If you have received a misdiagnosis of this nature, you might have recourse through the courts with the help of an attorney. A Hammond cancer misdiagnosis lawyer could offer be your legal advocate while aggressively pursuing your right to compensation.
Do Not Delay Consulting an Attorney
Louisiana Revised Statutes §9:5628 states that a patient alleging medical malpractice must file a lawsuit within one year of the negligent action. In this kind of case, the negligent action would be the misdiagnosis.
In some cases, a patient might not learn of the negligent act until many months or even years have passed since the original, incorrect diagnosis. In cases of delayed discovery, the law says that a patient must bring an action within one year of the date that they discovered, or should have discovered, their doctor’s negligence.
A further complication exists in that patients must file a lawsuit within three years of the negligent act, regardless of the date of discovery. This rule could make claiming compensation difficult for some people who have suffered medical malpractice. The best way for a patient to preserve their rights is to consult a knowledgeable medical injury lawyer immediately upon discovering they were misdiagnosed.
Consequences of Delayed Diagnosis
Cancer is an illness that often progresses rapidly. The more time a cancer has to grow in the body, the less effective standard treatments are in removing or containing it. In a recent survey of the medical literature, researchers found that each four-week delay in treating seven common cancers — bladder, breast, cervical, colon, head and neck, lung, and rectal — resulted in a discernable increase in mortality.
Besides a statistical decrease in survival rates, a delayed cancer diagnosis could impact a patient in other ways. The emotional trauma of learning that a cancer has been growing in their body untreated could be devastating. Once a cancer is established, the patient’s treatment options might be more limited and the side effects more debilitating.
A Hammond attorney could provide a cancer patient a chance to get justice for all they have suffered in the aftermath of their misdiagnosis. Holding a negligent doctor accountable could offer some emotional satisfaction, and damages might pay for any treatment a cancer patient may require due to the misdiagnosis.
Damages Could Pay for Ongoing Treatment
Damages in medical misdiagnosis cases compensate the patient for their out-of-pocket costs related to the act of negligence. A damages award could include unreimbursed medical expenses, lost time at work, and reduced future earning opportunities. Damages also might include payments for the patient’s physical pain, emotional anguish, and diminished quality of life.
Louisiana caps a patient’s total damages in medical malpractice cases at $500,000. However, the cap does not include future medical expenses the patient will incur due to their doctor’s negligence. Patients who win a malpractice action could receive reimbursement from the Louisiana Patient Compensation Fund if their condition requires ongoing care or future treatment.
When cancer misdiagnosis is the issue, medical malpractice cases often settle before trial, sometimes before the patient actually files a lawsuit. A savvy attorney in Hammond could ensure that any cancer misdiagnosis settlement includes an adequate provision for the patient’s ongoing and future cancer treatment.
Seek Justice for Your Cancer Misdiagnosis with a Seasoned Hammond Attorney
If you have recently been diagnosed with a cancer that your doctor originally missed, you may be feeling overwhelmed. Facing cancer treatment is frightening, and knowing that a physician you trusted made such a grievous error can only add to your distress.
A compassionate Hammond cancer misdiagnosis lawyer understands how you are feeling and knows how to help. Schedule a consultation with our office as soon as possible to get started on your case.