A leading cause of medical malpractice lawsuits in Minnesota and around the country involves a misdiagnosis or a delayed diagnosis because of medical errors. Delayed diagnosis breast cancer claims present unique challenges in court. Here is what you need to know if you are involved in one.
Delayed diagnosis cases can be complex
If a breast cancer medical malpractice claim heads to trial, the defendant has a slight advantage due to the unpredictability of breast cancer diagnoses. The reasons for delayed diagnoses vary but generally result from:
- Failure to perform a mammogram
- Incorrectly reading a mammogram
- Failure to test a detected mass
Many cases that go to trial eventually result in out-of-court settlements, often involving substantial amounts. All medical malpractice cases require medical experts to testify to prove your claim. Because of the different scenarios, plaintiffs should get more than one witness to testify. However, merely testifying that the diagnosis was delayed is not enough. Your experts should demonstrate that the diagnostic delay resulted in considerable harm. You’ll need experts such as radiologists and oncologists to establish whether the delay significantly contributed to your condition.
Delayed diagnoses frequently lead to death
When a woman has aggressive breast cancer, a misdiagnosis or a delayed diagnosis can lead to a wrongful death claim when the cancer rapidly spreads to other areas of the body. Filing your case quickly is essential.
If you suspect medical errors in your diagnosis, you can file a claim against various medical personnel involved in your health care. A successful claim from a settlement or a court trial can award compensation for pain and suffering and help with living and medical expenses.