Burke Law

Failure to Diagnose Cancer

By Sean Burke on September 18, 2019

Patient at doctor’s appointmentThere are numerous types of cancer, each of which can harm the body in its own way. But one thing that all cancers have in common is that early detection is the key to their successful treatment. Unfortunately, many individuals suffer prolonged illness, or even death, due to a failure to diagnose cancer.

Irvine, CA, medical malpractice attorney Sean M. Burke has represented victims of medical malpractice involving a failure to diagnose. He understands the damages that can be caused by medical malpractice, and is ready to fight to get clients the compensation they are due for damages suffered.

Proving Medical Malpractice Associated with a Failure to Diagnose

Medical professionals are not expected to be perfect, nor can they be expected to cure, or even diagnose, all illnesses and medical conditions. Because of this, proving medical malpractice can be difficult. However, failure to diagnose is one of the most common types of medical malpractice, and also one of the most likely to result in a successful medical malpractice case.

To have a successful medical malpractice case, one of the key things that needs to be proven is that the treating doctor failed to make a diagnosis due to incompetence or carelessness. Essentially, if a similarly trained doctor would have been able to diagnose the condition when presented with the same symptoms, it qualifies as medical malpractice.

Irvine attorney Sean M. Burke relies largely on expert medical testimony. He will focus on things the treating doctor did or did not do that led to a failure to diagnose, a delayed diagnosis, or a misdiagnosis. Potential errors include:

  • Ignoring certain complaints or symptoms
  • Failing to order appropriate tests
  • Misreading X-rays, CT scans, ultrasounds, or other diagnostic tests
  • Failing to refer the patient to a cancer specialist

Demonstrating Damages

Even if we are able to show that a medical professional was negligent, it is not enough to prove medical malpractice. We must also demonstrate that the patient suffered as a direct result of the failure to diagnose cancer.

Attorney Sean M. Burke may show that our Irvine clients sustained physical, emotional, and financial damages as a result of a failure to diagnose. Potential damages include:

  • Prolonged medical treatment
  • Unnecessary medical treatment (i.e. treating the wrong condition)
  • Increased medical expenses
  • Prolonged time off work (loss of income)
  • Pain and suffering

Tragically, a failure to diagnose cancer can also lead to death. If a patient dies because cancer was misdiagnosed, or was diagnosed once it had already progressed to an untreatable stage, the family can file a medical malpractice suit on behalf of the victim. In addition, the family can seek damages for losses associated with the wrongful death.

Learn More

If you or a loved one have suffered damages stemming from a failure to diagnose cancer, you may be due financial compensation for your losses. To learn more about your legal options regarding a medical malpractice lawsuit, send us a message at your earliest convenience or call (949) 644-3434 to set up a consultation with attorney Sean M. Burke.

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