The only thing that is probably more frightening than finding out that you have cancer is finding out that you have cancer that has gone undetected by your doctor. Cancer is one of those conditions in which time is of the essence, so getting medical treatment fast is a huge factor in the success rate of the prescribed treatment.
After the initial shock of the delayed diagnosis wears off, you might decide that you want to hold the doctor accountable for not diagnosing you as early as possible despite your efforts to discover what was ailing you. At that point, you can opt to file a medical malpractice lawsuit for failure to diagnose cancer.
When you opt to file a lawsuit that alleges your doctor didn’t diagnose you as early as possible, you have some challenges ahead since you have to prove that claim. Coming up with the expert witnesses and other proof you need that your diagnosis could have been made sooner than it was can be challenging.
Our law firm has experience representing people who have been the victim of a delayed diagnosis or a complete failure to diagnose a variety of cancers, including lymphoma, breast cancer, and other types of cancer. Because medical malpractice laws in Kentucky are complex, knowing the laws and being able to interpret them is a big part of preparing a case. Instead of worrying about getting proof together and finding those expert witnesses, you should be putting your efforts into fighting against the cancer that has been ravaging your body for too long.
Source: O’Brien Batten & Kirtley, PLLC, “Failure To Diagnose Cancer” Aug. 28, 2014