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Dana Point Cancer Misdiagnosis Lawyer
Doctors and other medical professionals have a responsibility to provide reasonable care to their patients who depend on them. It is crucial that doctors, nurses, lab technicians, and other medical professionals act competently and prudently so that they may avoid making errors in diagnoses.
If you suspect that a healthcare provider failed to diagnose your cancer correctly, you may wish to speak with a seasoned medical malpractice attorney about your situation. Depending on the circumstances surrounding your case, you may be entitled to civil compensation that a Dana Point cancer misdiagnosis lawyer could help you pursue.
Cancer Misdiagnosis Claims in Dana Point
There are many important requirements for pursuing a cancer misdiagnosis lawsuit in Dana Point. Typically, individuals who were receiving treatment from a doctor during the time in which the error occurred may not face a challenge in alleging that the doctor owed a duty of care to them. The most contentious elements of a medical malpractice claim are usually proving deviation from the standard of care, proximate causation of injury, and the value of recoverable damages.
What is the Standard of Care?
To demonstrate a medical professional deviated from the standard of care in a cancer misdiagnosis case, it is crucial to consider what a reasonably prudent medical professional in that same field would have done under the circumstances. For example, based on a patientâs complaints regarding a lump or lesion, the standard of care may dictate that a physician should order a diagnostic test, accurately read the results of the test, and perform any appropriate follow-ups. If a medical professional instead either failed to take the necessary steps or made an error in taking the necessary steps, they may be liable for the harm their negligence caused.
Demonstrating Harm
In addition, it is crucial for victims to demonstrate the extent of the harm they suffered due to their healthcare providerâs negligence. If, for example, a victim does not become aware of the cancer until it has progressed to a later stage due to a cancer misdiagnosis, the misdiagnosed person might face higher expenses for medical treatment and lowered chances of survival. While it may be difficult to assess the evidence relevant to a cancer misdiagnosis claim, a Dana Point cancer misdiagnosis attorney could assist in gathering and analyzing evidence.
How Long Does a Patient Have to File a Cancer Misdiagnosis Lawsuit?
California Code of Civil Procedure §340.5 establishes the statute of limitations for a cancer misdiagnosis lawsuitâin other words, the filing deadline which injured parties must comply with or face a dismissal of their claim. In California, individuals with a cancer misdiagnosis claim have one year from when they discovered or should have discovered the injury or three years from the date of the injury. It could be beneficial to speak with a cancer misdiagnosis lawyer in Dana Point regarding the filing deadline for a particular claim, as many factors may affect its exact length. An experienced attorney could assist with ensuring the claim is filed promptly.
Call a Dana Point Cancer Misdiagnosis Attorney Today
Considering the deadlines which apply to cancer misdiagnosis claims, you may wish to speak with a seasoned attorney who could help you sort out your legal options as soon as possible. Contact a Dana Point cancer misdiagnosis lawyer if you fell victim to a cancer misdiagnosis due to a healthcare providerâs negligence.
