A couple filed a complaint against doctors, medical facilities, and a laboratory claiming that negligent care led to the woman’s injuries. The woman was eventually diagnosed with endometrial carcinoma, a very serious type of uterine cancer. However, her delayed diagnosis allegedly caused a delay in treatment, which allowed the disease to worsen. The lawsuit was filed in Cook County and is requesting damages of more than $50,000.
Failure to Diagnose
The failure to make a diagnosis or an error in diagnosis may be considered negligence on the part of the doctor or medical staff. Doctors are held to a high standard of care because they have specialized education, training and experience. Sometimes a missed diagnosis does not do any harm to the patient. However, sometimes it can cause additional injuries or can make the condition worsen. In this case, the woman’s cancer was not diagnosed or treated so it caused a serious decline in her health.
Endometrial carcinoma is a type of uterine cancer. This cancer begins in the endometrium, the lining of the uterus. It typically begins in the mucus fluids. The most common symptom of endometrial cancer is vaginal bleeding. Because vaginal bleeding can be a symptom of other diseases or cancers the doctor should perform a series of tests to determine the specific cause of the problem. The woman in this instance states that the doctors failed to adequately perform or interpret the pathology report that should have indicated a diagnosis of cancer.
The misdiagnosis of the woman’s cancer is likely considered medical negligence. Surprisingly, medical mistakes are the third leading cause of death in the United States. There are many types of actions or lack of actions that may be considered mistakes. For example, improper diagnosis, incorrect treatment, improper medication, and surgical errors are all considered medical mistakes. When a person is seriously injured or their condition worsens because of a mistake it is often called malpractice.
Medical Malpractice Lawsuit
If serious injuries are caused by medical negligence, legal action may be necessary. A lawsuit in this case was filed against all the responsible parties. Damages usually include money to cover current and future medical costs for treatment and care. Additionally, punitive damages may be incurred. The patient in this case suffered pain and anguish over the late diagnosis. She may also have been unable to return to work or to perform her regular daily activities. The misdiagnosis may also have been the source of a great deal of stress and caused the cancer to become worse because it was not immediately treated.
In situations like this one the victim should consult with an attorney as soon as possible after the incident. The law limits the time to file a claim, which is typically two years from the occurrence. Your attorney will work to gather the evidence necessary to prove your case. The couple is requesting a jury trial, indicating they will be able to present evidence of medical malpractice. If you have been hurt because of the mistake of a doctor, call Levin & Perconti to discuss your options.
See Related Posts: