Even if you can prove that a doctor mistakenly gave or missed a cancer diagnosis, this does not automatically mean that they committed malpractice. It depends on whether or not the doctor violated the professional standard of care, and whether or not the misdiagnosis actually led to preventable harm.

The first key component that decides whether or not someone can win a medical malpractice claim is the standard of care. What this does is examine the actions of the doctor in your case, and then decide whether a reasonably competent doctor would have done the same thing in that situation. This process involves the testimony of medical experts, who can explain what reasonable behavior would have looked like given the circumstances. A wrong diagnosis does not always equal negligence. Reasonable doctors can erroneously think that a cyst is a tumor, while at other times cancer will be similarly unidentifiable. But even if it can be established that a doctor committed malpractice, this alone would not make a case. A plaintiff would also have to prove that there were consequences directly caused by this malpractice.

For example, if a patient died from a cancer that has a survival rate of under 50 percent, then it can be argued that malpractice was not responsible for a patient's death in this instance. But in certain cases it is possible for a plaintiff or their surviving family members to say that they lost quality of life, lost extra time, or are looking at a worse prognosis because of the malpractice. It is even possible in some states for a plaintiff to show that the reason they have to live with cancer is because of a missed diagnosis, a missed opportunity to eliminate the cancer.

It is also possible for the defendants to deflect these accusations by saying that these claims are too hypothetical to warrant compensation. However, this is not always enough to dismiss a malpractice case; most malpractice claims can survive this line of defense.

Then there are cases when a doctor tells a patient that they have cancer, when they are in fact healthy, or have a less serious condition. Again, mistakes happen, and not every mistake is malpractice. But if this wrong diagnosis did stem from malpractice, then that patient could sue for the mental distress inflicted on them by such a terrifying but unfounded diagnosis. In some cases, a patient may have already undergone needless surgeries and other stressful or aggressive treatment, all of which can take a toll on a patient's mind, body, and bank account.

Medical malpractice cases are always difficult and very technical, and lawsuits based on a cancer diagnosis are particularly tricky. The expertise of a medical malpractice lawyer can make all the difference in a case, however. Find out if you have grounds for a medical malpractice claim when you consult a legal expert from our directory today!