Irvine Cancer Misdiagnosis Lawyer

Being misdiagnosed with cancer can cause serious issues for an individual and their family. The most obvious and basic issue is that physically, a person may develop a more advanced case of cancer because they were unable to treat it at an earlier stage. Both the individual and their family members may be extremely anxious. A person’s treatments may cost more or their illness may have progressed to a point where they are unable to work.

If you are in this situation, an Irvine cancer misdiagnosis lawyer can help you find out what your legal options are. In order to focus on your health and recovery, a skilled medical malpractice attorney can help you handle legal aspects and your financial concerns.

Irvine Misdiagnosis Laws

There is no specific cancer misdiagnosis law. One way an Irvine cancer misdiagnosis lawyer can advocate for an individual is by bringing a medical malpractice claim against the medical providers that missed their illness. Medical malpractice lawsuits can include any medical professional directly involved in the plaintiff’s care along with the hospital or office that they work in. Generally, medical professionals carry medical malpractice insurance, so the lawyer can also speak with them directly.

Under California’s statute of limitations, an individual has one year from the date of discovering the misdiagnosis, or three years from the date when the misdiagnosis occurred, to file a suit. A lawyer may be able to extend this deadline if the claimant can show that the medical provider committed fraud, left an object in their body, or intentionally hid a mistake. There is also a special rule for children under eight years old. If the difference between their current age and their eighth birthday is greater than three years, then that is the number of years they have to bring their action to court.

Medical Malpractice Requirements

A medical malpractice claim requires that one first establishes what the professional standard of care is, and this is usually done through an expert witness. The cancer misdiagnosis lawyer will have to show how the medical professional in the plaintiff’s case failed to meet that standard. If the plaintiff’s lawyer can prove this, it is shown that there was medical malpractice in your treatment.

What is Wrongful Death Law?

In the worst-case scenario, if a family member dies because they were misdiagnosed and did not receive life-saving treatments in time, one can sue for wrongful death. In a wrongful death suit, an Irvine cancer misdiagnosis lawyer will have to show that a family member was lost because of the negligence (such as medical malpractice) of another person and the family is now suffering financially.

Some of the damages family members can recover include loss of income, medical expenses, and funeral expenses. The people who are allowed to bring a wrongful death action are the deceased individual’s spouse, partner, children, or those who would be entitled under the state’s inheritance laws. The statute of limitations for a wrongful death suit is two years from the death of the person that was wrongfully diagnosed.

Help from an Attorney

An Irvine cancer misdiagnosis lawyer can provide you with information and allow you to make a choice in how you want to proceed. If you are looking to avoid a conflict in court, you may choose to settle directly with the other party’s lawyer or with their medical malpractice company. If you do decide you want to take this to court your Irvine cancer misdiagnosis lawyer will be able to come up with a strategy to prove that medical malpractice, specifically a cancer misdiagnosis, occurred.