There are around 85,000 medical malpractice cases filed each year, with avoidable errors made in 3%-15% of medical interventions. The National Cancer Institute estimates that 611,720 people will die from cancer by the end of 2024, with around 32% of cases misdiagnosed initially. Cancer patients who have experienced medical malpractice have legal rights and options for pursuing justice.
Here is an overview of the critical legal rights and considerations for cancer patients in medical malpractice cases. However, if you’re experiencing medical malpractice and need legal help, you should consult a medical attorney immediately.
Proving Medical Malpractice
To have a valid medical malpractice claim, the patient must be able to prove that the medical professional acted negligently and did not meet the accepted standard of care. This can be proven by showing that the doctor or healthcare facility did one of the following:
- Misdiagnosed or delayed diagnosis of cancer
- Failed to properly treat the cancer
- Provided improper treatment that caused further harm
- Did not properly monitor the patient's condition
- Failed to obtain informed consent about risks/consequences of treatment
For cancer patients, examples could include failing to order tests that would have detected cancer sooner, surgical errors that caused cancer to spread, or prescribing chemotherapy drugs in dangerous doses. Expert testimony is usually required to establish whether accepted standards were met, so you need to talk with a medical attorney.
Compensation for Damages on Medical Malpractice Cases
If negligence is proven, the patient can recover damages to compensate for the harm caused. Typical damages in cancer malpractice cases include:
- Medical expenses like treatment costs, hospital bills, and medication
- Lost wages due to inability to work
- Pain and suffering
- Loss of enjoyment of life
- Shortened life expectancy
Punitive damages may also be awarded if gross negligence is established. Patients should gather evidence like medical records, bills, pay stubs, and testimony to prove their losses.
Settlement amounts vary, but patients living in Maine received an average settlement of $717,613 between 2017 and 2021, compared to $207,348 for those living in Texas.
Medical Malpractice Statute of Limitations
There is a strict time limit to file a medical malpractice lawsuit. This statute of limitations changes according to your state but is typically 1-3 years. The clock starts running from when the injury occurred or was discovered. Cancer patients should act fast to preserve their rights.
Finding a Medical Malpractice Attorney
Medical malpractice cases require specialized legal knowledge. Cancer patients should seek out attorneys experienced in handling complex cancer malpractice claims. Resources like state bar associations and online directories can help identify local lawyers. When vetting attorneys, consider reputation, experience level, and rapport.
Medical Malpractice Settlement vs Trial
Many malpractice suits settle out of court through mediation, with only 7% of cases going to trial. For those that do, only 20% of plaintiffs win their cases. That said, jury settlements are usually much higher than out-of-court settlements, but it is worth noting that settlements allow faster resolution without uncertainties of trial.
Medical malpractice cases allow cancer patients to obtain justice and hold healthcare providers accountable. Understanding these key legal rights and considerations allows patients to make informed choices about pursuing their options after experiencing negligence. With the help of experienced counsel, cancer victims can enforce their rights under the law.
This is a guest blog entry.
