First, it must be proven that the doctor in question actually had a duty to treat the cancer. It also must be proven that the doctor failed to follow the common standards and procedures that most other qualified doctors would follow under those same circumstances. Most importantly, you must be able to prove that an injury or loss can largely be attributed to the error or negligence on the part of the doctor.
Some of the most common forms of medical malpractice by a doctor diagnosing or treating cancer are:
• Failing to perform basic physical exam techniques during routine office visits
• Failing to recommend, perform or order routine cancer screening techniques for patients who are at risk for cancer as directed by established guidelines based on sex, race, age or other risk factors known to the physician
• Failing to communicate diagnostic test results to the patient or the physician to whom the patient was referred
• Failing to order the appropriate diagnostic tests for patients with complaints or signs of cancer
• Failing to perform a diagnostic test with accuracy (obtaining a false negative result)
• Failing to react to biopsy or test findings, loss of lab results or forgetting tests were performed
• Diagnosing cancer upon interpretation of lab tests when cancer isn’t actually there
There are numerous other ways that medical malpractice can occur in relation to cancer cases. Of course, if it can be proven that the doctor’s errors led to a delayed diagnosis, and that the cancer worsened significantly with that extra passage of time, the odds of winning a medical malpractice personal claim increase.
However, there are many unseen hurdles and limitations on medical malpractice cases in Georgia, and as a result, it's important to consult with an experienced failure to diagnose cancer attorney to make sure you meet all deadlines for filing a claim and that your rights are protected.
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