In a medical malpractice claim, negligence occurs when a healthcare professional's wrongful action or inaction causes harm to a patient. Proving such cases is challenging due to their complexity.
Even if this type of case is difficult, a seasoned medical malpractice attorney can prove negligence in a delayed prostate cancer diagnosis. To establish such a case, a lawyer must verify several key legal elements.
Each element requires strong evidence, often including expert testimony, to build a compelling case. The aspects that need to be proven are as follows:
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1. There was an Established Duty of Care
An attorney must first demonstrate the existence of a doctor-patient relationship to establish negligence in a delayed prostate cancer diagnosis. This crucial foundation for any malpractice claim requires evidence that the relationship was in effect at the time of the alleged malpractice.
Proof of this relationship typically involves documentation and testimonies showing that:
- You chose to be treated by this particular doctor
- Doctor examined you for treatment of a health problem or condition and
- Treatment by the doctor was ongoing
Without clearly establishing this relationship, the malpractice claim for a delayed prostate cancer diagnosis lacks a crucial element that could impede or invalidate the claim.
At the Porter Law Group, we don't let this happen. Our medical malpractice attorneys have dealt with similar cases involving delayed diagnosis of prostate cancer. We always ensure that this aspect is addressed before handling other case components.
2. A Breach of Duty was Found
Your attorney must prove that the doctor who treated you breached the standard of care based on the patient's bill of rights. These are some instances where a medical practitioner has committed negligence, resulting in a delayed prostate cancer diagnosis:
| • Failed to test prostate-specific antigen (PSA) levels in your blood • Failed to properly read or interpret your PSA test results • Failed to order other screening tests • Failed to perform a digital rectal exam • Failed to order MRI or transrectal ultrasound (TRUS) imaging studies • Failed to properly learn and respond to your pertinent family medical history • Failed to order appropriate follow-up tests • Failed to appropriately educate you about the risks of not being screened |
A poor medical outcome alone does not constitute malpractice. It has to be proven that the doctor or medical provider have acted irresponsibly, causing patient injury.
An expert medical malpractice attorney can help patients determine whether actions, besides delayed diagnosis of prostate cancer taken by medical professionals, breached the duty of care owed to them.
3. Victim Suffered Injury Caused by the Breach
As a result of the breach or doctor’s negligence, a patient suffered harm from the delayed diagnosis of prostate cancer. Typically, if prostate cancer is diagnosed late, it may become metastatic - meaning the cancerous tumor has spread to other organs - causing complications.
The common areas where prostate cancer metastasizes are in the adrenal gland, bone, liver, and lung. The organs affected will exhibit symptoms that may be severe depending on the patient's condition.
Injuries may also occur when a victim takes treatments that are not suited for the patient's condition. This happens when the symptoms of prostate cancer are mistakenly identified as symptoms of another disease.
Qualified lawyers can prove these were the consequences of a delayed prostate cancer diagnosis by hiring medical experts. They will testify about the doctor's negligence and what the doctor should have done under applicable professional standards.
Aside from that, other forms of evidence can be used to prove the harm done, such as:
- Medical and hospital records
- Other witness statements, such as family members
- Photos and videos of injuries
- Past malpractice claims against the health provider
Some of this evidence, particularly records of previous claims against the provider, can be challenging to obtain. Our team of experienced lawyers, with decades of expertise in gathering such crucial information, will skillfully navigate these complexities on your behalf. We can acquire and present the necessary evidence to build a strong case.
4. Injuries Resulted in Damages
A delayed diagnosis of prostate cancer can lead to significant damages that your lawyer will help quantify. These damages, including economic and non-economic losses, are crucial evidence to further prove your healthcare provider's negligence.
| Economic losses | Non-economic losses |
| - Past lost income - Future lost income - Lost earning capacity - Past & future medical bills - Rehabilitation and physical therapy | - Physical and/or mental impairment - Disfigurement - Pain and suffering - Mental anguish - Loss of enjoyment of life - Loss of spousal services - Wrongful death |
Once these damages are thoroughly assessed, your lawyer can effectively unite all elements to file a compelling medical malpractice claim. At the Porter Law Group, this process is our forte, and we always make sure that our clients receive the maximum compensation possible. View our recent results page to see the results we've obtained for our clients.
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Get Legal Support From Prostate Cancer Lawyer Today
Medical negligence allows prostate cancer to progress – making the disease more difficult for affected patients. Negligent doctors can be held liable for medical malpractice.
At the Porter Law Group, we take pride in helping families rebuild from unfavorable circumstances. If you have any questions regarding late cancer diagnosis or errors, please reach out for a no-obligation, free consultation.
We operate on a contingency basis, meaning you don't have to pay anything unless we win. You may also contact us at 833PORTER9 or info@porterlawteam.com to schedule an appointment.
