When you enter a doctor’s care, you place a lot of faith and trust in that doctor’s ability to diagnose a medical issue and prescribe an appropriate treatment. However, even with years of education and training, a doctor can make a mistake in their diagnosis.
A misdiagnosis of a serious condition, such as cancer, can increase the risk of harm over time. If a doctor misdiagnoses you or a loved one, a Tulsa cancer misdiagnosis lawyer could help you hold the doctor accountable. Let our trusted local team of medical malpractice attorneys be your advocate.
A misdiagnosis and its consequences will vary depending on the type of mistake made. Misdiagnosis can come in the form of an incorrect diagnosis, a delayed diagnosis, or a diagnosis missed by the doctor entirely.
A cancer misdiagnosis can happen as a result of a doctor misreading or misinterpreting tests or even skipping tests based on a failure to recognize cancer symptoms. Even if properly executed, tests could also result in a misdiagnosis because of inadequate procedures or poorly maintained equipment. An experienced Tulsa attorney from our team could review your medical records and the details of your experience to determine the cause of your cancer misdiagnosis and who should be held responsible for your harm.
A cancer misdiagnosis can cause significant negative impacts. It can severely limit treatment options, as the prescribed care may be ineffective or entirely inappropriate. The disease can spread rapidly to vital organs—something that might have been prevented with an accurate diagnosis.
For aggressive cancers, delays in proper treatment can also drastically reduce survival chances. By the time the mistake is corrected, the condition may have worsened, leading to higher medical costs and more intensive treatment.
A misdiagnosis can form the foundation for a medical malpractice claim against a doctor or the medical facility involved, beginning with the concept of negligence. Negligence is what holds people accountable for causing harm when they breach a duty of care, usually because of unreasonable action.
In medical malpractice, though, “unreasonable” is not based on what an ordinary person would do. Instead, it depends on a standard of medical care in the prevailing area, such as the Tulsa region or the state of Oklahoma, against which the doctor or facility’s choices are measured.
A person affected by a cancer misdiagnosis should not have to determine this standard of care on their own, especially when an experienced and resourceful Tulsa attorney can help. An attorney could find a medical expert who can testify to what the doctor did or failed to do and properly develop and file a claim with the necessary affidavits and evidence.
Additionally, an attorney could act quickly to bring a claim within the statute of limitations. Under Oklahoma Statutes §76-18, a medical malpractice claim must be brought within two years from when the injury was “discovered.” Failing to meet this deadline could mean being barred from pursuing any legal action, making seeking the help of a competent legal advocate as soon as possible incredibly important.
Being treated for and recovering from cancer is difficult enough on its own with a proper diagnosis, but a misdiagnosis can seriously disadvantage you in your fight against the disease. With the aid of a Tulsa cancer misdiagnosis lawyer, your road to recovery could be eased with a claim against the misdiagnosing party. Contact our offices to learn more from a medical malpractice attorney.
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