failure to diagnose cancer attorney NJCancer. Is there a medical diagnosis that instills more dread than being told one has cancer? It doesn’t matter what the type is or what body part or system is affected, those who’ve been diagnosed with cancer know that life will never be the same. After the initial shock comes the realization of what’s to come. You will be faced with decisions regarding medication, treatment, the emotional impact on family and friends and perhaps even changes in lifestyle in both your professional and personal life.

Dealing with cancer is a burden even under the most favorable circumstances (such as receiving an early diagnosis and a favorable response to initial treatment). Imagine how much more difficult the situation can become if there was a delay in diagnosis or it was missed completely until it was too late? If you or a loved one has experienced this scenario, you should seriously consider hiring a failure to diagnose cancer attorney in NJ.

In general, a failure to diagnose an illness or injury correctly can result from either an incorrect diagnosis by the physician or diagnostic facility or a missed diagnosis altogether. There are any number of reasons this can occur including:

  • Incorrect test or other diagnostic tool employed
  • Misread test results
  • Faulty diagnostic equipment
  • Human error during the diagnostic process
  • Mistakenly attributing test results of one patient to another
  • Simply misdiagnosing a condition when all signs indicated otherwise
  • Failure to order further diagnosis when uncertainty remains.
    • For example, the physician neglected to order appropriate tests or seek the opinion of specialist(s) to test the viability of the diagnosis.

A qualified failure to diagnose cancer attorney in NJ can’t undo the harm that may have been done by a delayed or missed diagnosis, but he or she can help you preserve your rights, protect your interests and pursue legal action on your behalf.

The harsh reality is that the more delayed a cancer diagnosis is, the lower the rate of survival. If you or a loved one have experienced any of the following, it may be time to seek the services of a failure to diagnose cancer attorney in NJ:

The initial diagnosis of/subsequent treatment for a condition other than cancer leads to a worsened condition.

It’s bad enough when a condition is misdiagnosed. It’s even worse when the prescribed treatment actually permits the cancer to spread, thereby costing you valuable time in your battle against the disease. Whether it’s melanoma, stomach cancer or lymphoma, timely treatment can make all the difference. A delay, even a slight one, can take on major significance if the cancer has advanced beyond a certain stage.

There is a sudden, rapid change in treatment.

You’ve been seeing the doctor regularly and are on a specific treatment regimen. Unexpectedly, without warning, your physician prescribes different medication or a type of treatment completely unrelated to what you’ve been undergoing. This may be a sign that someone has discovered that a mistake was made in the original diagnosis. A failure to diagnose cancer attorney in NJ has the experience and knowledge necessary to review your circumstances for any telltale signs of a misdiagnosis.

The information being provided about your diagnosis or treatment changes drastically from what you’ve been told prior.

You are suddenly being given information about your condition and treatment that bears no relation to what you understood your situation to be. In fact, the conversation has changed completely and you’re now hearing about things you had no idea applied to you. Consider such a scenario another red flag that warrants a discussion with a failure to diagnose cancer attorney in NJ.

The physician or health care facility avoids answering your questions or provides evasive answers to them.

Every doctor knows he or she has a mandate to, above all else, “do no harm,” and they constantly endeavor to abide by that. However, medicine is not an exact science and everyone, even the most skilled physician, makes mistakes. If the mistake was reasonable (perhaps even unavoidable) under the circumstances, negligence likely did not occur.

However, if the health care provider or facility discovers that there may have been negligence at some point, fear of liability (and advice of an attorney) will probably prevent that party from disclosing the full extent of what it knows. If you sense hesitation or refusal in dealing with you, this may be an indication that someone is getting their legal ducks in a row. You should too.

You are being requested by the doctor or facility and/or their insurers to sign documents you don’t fully understand.

This should set immediately set off alarm bells. Once you’ve executed a document that releases a doctor, hospital or diagnostic facility from any and all liability, you may have forfeited any opportunity to seek legal recourse for a delayed or missed diagnosis.

Be aware that a failure to diagnose cancer due to negligence is potentially a form of medical malpractice. You can be sure it will be treated very seriously and defended as vigorously as the law allows. You should, therefore, be alert to any efforts by the representative for the health care provider or facility to minimize its potential liability. Signing anything without the advice of a failure to diagnose cancer attorney in NJ is most definitely not in your best interests.

The mere presence of a delayed or missed diagnosis does not mean that you have a potential medical malpractice case.

There are three elements your failure to diagnose cancer attorney in NJ must establish in order for your case to be actionable:

  1. That a doctor-patient relationship existed.
  2. The doctor (or other health care provider or facility) was negligent in some form.
    • The test is whether a reasonably skillful and competent doctor would, under similar circumstances, have arrived at the same diagnosis.
  3. Actual harm occurred because of negligence in diagnosing the condition.
    • Did the condition ultimately become worse due to the lack of a correct or timely diagnosis?
      • In other words, could the outcome have been prevented by effective care and treatment?

If any of the above has happened or is happening to you or a loved one, it may be time to contact a failure to diagnose cancer attorney in NJ. You shouldn’t have to deal with a delayed or missed cancer diagnosis on your own. There’s already more than enough to worry about.