Cancer comes in many different forms and there are various factors which may increase the likelihood of an individual developing the disease. Your family history, general lifestyle, and other environmental factors may all contribute towards the individual developing the disease.
In recent years, great progression has been made in cancer research and early detection process of cancer. It is well known that early diagnosis of cancer can drastically impact the individual’s chances of survival before it has a chance to spread. Not all types of cancer are so easy to spot, however some of the more common ones can be detected early through careful screening. Failing to recognise important signs of cancer can have drastic consequences on the patient’s quality and life expectancy. Furthermore, if early diagnosis is not made, then the cancer can spread to such a stage that treatment may no longer be a viable option for the patient.
What is involved in making a claim?
In order to establish the doctor’s liability, the doctor will first be assessed against other doctors in the same speciality. Two fundamental questions will be asked:
* Did the doctor fall under the reasonable standard expected from doctors in his or hers speciality?
* Would the patient’s condition be any better now if the correct diagnosis had been initially made? What about comparing this with what actually happened?
Essentially the courts use what we call the ‘balance of probabilities’ test. Therefore, if the experts in this field argue that the correct diagnosis would have given the patient a 60% chance of survival, and the actual delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that individual. The same rule applies to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation for that. This is because the survival rate was less than probable in both cases.
The balance of probabilities test has proved to be controversial as many commentators have argued that it can provide unjust results for some of the patients. Nonetheless, it is the law that is applied today, and the process that will have to be gone through for anyone making a claim.
The following are a list of misdiagnoses by doctors that are commonly made in cases of breast cancer:
* Failure to follow up on test results
* Not ordering new tests
* Failing to spot early symptoms of cancer
* Confusing the tumour for an infection or diagnosing the tumour as benign
* Failing to notice a lump during the screening process
The list outlined above are just some of the crucial mistakes that doctors make which lead to great anxiety and stress for the individual. If these diagnoses were made early on, then it would mean less pain and hardship for the individual.
If you have been affected by misdiagnosis of cancer and wish to gain further advice, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding.
Ayesha Salim , editor of the UK Lawyers Network, writes articles about Solicitor, solicitor, cancer misdiagnosis, find a solicitor, legal, lawyer, law help advice, solicitors litigation
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