A delayed breast cancer diagnosis can seriously affect West Virginia patients and their families. If a delayed diagnosis of breast cancer has harmed you or a loved one, you may be wondering what actions are available to you.
Why delayed diagnoses of breast cancer are difficult to prove
There are several reasons why delayed diagnoses of breast cancer are difficult to prove. First, it can be difficult to determine when cancer should have been diagnosed. Even if cancer should have been diagnosed earlier, it may not be clear that the delay in diagnosis caused any harm. There may have been other factors that contributed to the delay in diagnosis, such as the patient’s failure to follow up on abnormal test results.
Additionally, it can be difficult to determine when cancer should have been diagnosed because there is no one “right” time for a diagnosis. Breast cancer can grow and spread quickly, but it can also grow slowly. In some cases, a delay in diagnosis may not make a difference in the outcome of the disease.
Proving a delayed diagnosis of breast cancer case
When a woman goes to her doctor with concerns about a possible breast cancer diagnosis, it is a reasonable expectation that her doctor will take her concerns seriously and perform the necessary tests to determine whether she has cancer. Unfortunately, sometimes doctors fail to do this, resulting in a delayed breast cancer diagnosis. To advance with a medical malpractice claim, you would need to prove that:
- Your doctor owed you a duty of care.
- Your doctor breached that duty of care by failing to properly diagnose your condition.
- As a result of that breach, you suffered injuries, such as the spread of cancer.
- Those injuries were reasonably foreseeable given the facts of your case.
In medical malpractice cases, the injured party may be compensated for lost wages, medical expenses, pain, suffering, and more.