Cancer misdiagnosis occurs more often than many of us realise, and this can have an irreversible impact on a patient’s recovery journey and life. The risks of cancer misdiagnosis are distressingly severe and can even be fatal, whether the cancer was diagnosed too late, was mistaken for another illness, or was incorrectly treated altogether.
The harsh reality is that medics and health professionals can fail to detect the disease in time, and that can lead to its uncontrollable progression and expansion into other parts of the body. Early detection often makes the difference between a treatable condition and one with a poor prognosis.
When a medical professional misses a cancer diagnosis or doesn’t act in a timely manner, the patient becomes a victim of their negligence. Had the doctor found the right diagnosis in time, the patient’s recovery forecast would be much more favorable. Victims of such negligence are suddenly faced with a new legal challenge on top of all their fight: that of proving causation. When confronted with legal claims, defendants often argue that the patient’s underlying condition would’ve been the same with or without the time delay, because the condition was already advanced.
But mistreated patients have, first things first, the law on their side.
What is medical negligence in cancer diagnosis?
In the broad sense of the word, medical negligence, aka clinical negligence, happens when a healthcare professional or institute doesn’t provide the level of care that would’ve prevented the cause of an injury, harm, or worsening of an illness in a patient. It’s also known as a breached duty of care and can bring about legal repercussions, with the Irish law being more considerate about the patient in case compared to other countries.
In cancer diagnosis, medical negligence occurs when a healthcare provider’s care doesn’t meet the accepted standard and it results in a delay in reaching the correct diagnosis and subsequent treatment, or when the diagnosis is missed altogether. It can occur when a patient shows warning signs of disease and, instead of being referred for the necessary tests, they are treated for a minor illness instead.
Proving cancer misdiagnosis
In any legal battle, the victim has to prove the wrong that was done to them. They must also prove that the injury could’ve been prevented if the defendant hadn’t breached their duty of care. Importantly, everyone carries a duty of care – for instance, if you’re managing a physical store, you must take all the necessary measures to protect the clients crossing its door. In cancer diagnosis, whatsoever, proving causation is a more sensitive and complex undertaking.
In essence, proving causation entails proving that a healthcare provider’s mistake, be it a delayed or wrong diagnosis, inflicted on a patient harm that could’ve and should’ve been prevented. The harm can take the form of a metastasised disease, a more severe prognosis, or too harsh a treatment – or even all of them.
Cancer doesn’t wait around for the legal battle to unfold, and demonstrating causation can take an unfavourable period of time that the patient could use to focus on their recovery instead of pursuing and proving their claim. That’s why if you or a close one has experienced physical and mental pain or damage due to the negligence of a health professional, which led to a cancer misdiagnosis or diagnosis delay, then you should reach out to a solicitor specialized in these types of cases as soon as possible. Together, you’ll work towards demonstrating the at-fault party’s misconduct and obtain the compensation you might be entitled to in order to reduce a part of the preventable harm you’ve been exposed to unfairly. In Ireland, most adult claims of medical negligence must be commenced within two years minus one day. The period generally starts from the moment you realise you’ve been the victim of a breached duty of care rather than when the wrongdoing first began.
Collaborating with a lawyer with years of experience in such cases can improve your chances of success in your claim and of receiving damages. The legal industry is complex for someone who is dealing with such a problem for the first time. They will explain how one of the most important principles in medical negligence – loss of chance – works and how it may apply to your situation.
What is loss of chance in medical negligence?
One of the determinants of the success of your claim, loss of chance, represents the theory in medical malpractice that enables patients to seek compensation for the wrongdoing of a medical professional – a breached duty of care that diminished their odds of recovery or their life expectancy overall. If a doctor’s misdiagnosis or late diagnosis caused you harm, you might be able to seek compensation under the loss of chance principle.
Practically, it doesn’t require proving that if a patient had received an earlier diagnosis, that would have prevented the harm or saved their life. What it aims to help compensate the victim for is the fact that the neglect led to them losing a considerable opportunity to improve their health outcome. That their life would have been better had they received the diagnosis in time.
Cancer misdiagnosis claims can be more difficult compared to other medical negligence cases
Medical negligence cases, particularly cancer-related ones, are rarely straightforward, and no two cases are identical. Each lawsuit is evaluated on its own facts, with its own medical evidence, and usually with the attorneys hired by the defendants. Compared to an injury claim where you have to gather evidence like CCTV footage to support your claim, things are more nuanced with cancer misdiagnosis, and always dependent on expert proof. Four factors must be demonstrated for a claim to qualify as medical malpractice/negligence, namely the healthcare professional’s duty of care, the breach of that duty, causation, and the damages suffered by the patient.
Who can claim compensation in a cancer misdiagnosis case?
Cancer misdiagnosis cases are disturbingly common and can be life-or-death matters. Those who believe their already difficult health condition has been worsened by someone’s negligence should seek professional legal help, for that can help make justice and reduce some of the harm done. The compensation can reimburse both economic and non-economic losses, from lost wages to treatment expenses and from psychological harm to reduced life quality. Family members of loved ones may also be able to pursue a claim if they meet the relevant legal criteria.
