Your lawyer will decide whether or not to pursue your case against the hospital.  If the lawyer takes the case, he will then need to retain an expert medical doctor to submit an affidavit detailing how the treatment was below the standard of care, and how that departure from the standard of care led to an injury.   The case will then go through the pre suit process, which is a 90 day period during which the hospital investigates the claim.  At the conclusion of the presuit period the hospital can deny the claim, or accept responsibility.  Often times the parties will agree to mediate the case during the presuit period, and this often results in a settlement.  If the case does not settle during presuit, the lawyer will then file a complaint of medical negligence against the hospital. This is where the work really begins.
If there are too many intervening events and causes between the defendant’s actions and your injury, this will not qualify as immediate. For example, a woman who sued her husband for causing the death of their son in a car wreck was not allowed to proceed with her claim of emotional damages because she was not physically present during the wreck, even though she arrived at the hospital immediately after and witnessed her son being brought in as they were trying to resuscitate him.
The most common type of injury that leads to an award of pain and suffering damages is a severe physical injury that causes physical or mental anguish for a period of time following an accident. For example, a head injury suffered in a car crash that results in a persistent headaches and emotional problems could potentially lead to the awarding of pain and suffering damages.
A patient bringing a failure to misdiagnose case must prove that there was a doctor-patient relationship, that the doctor failed to live up to the standard of care in diagnosing the patient's condition, and that the doctor's failure to diagnose or misdiagnosis actually and proximately caused an actual injury. Most often, failure to diagnose cases involve disputes related to the applicable standard of care and whether the doctor's failure to diagnose caused the plaintiff's injury.
Medical malpractice cases are generally sought by patients who have been harmed or injured due to poor medical treatment or mistaken diagnosis from a medical provider such as a doctor, nurse, technician, hospital or medical worker. Typically, the measure of whether a medical provider was “negligent,” or failed to provide proper care, turns on whether the patient would have received the same standard of care from another medical provider under similar circumstances.
Finally, in any medical malpractice case -- in any type of lawsuit for that matter -- plaintiffs need to be mindful of time limits for going to court and getting the lawsuit process started. You need to file the initial document (the complaint) within a certain amount of time after you suffered the harm that led to the lawsuit. These deadlines are set by state laws (statutes), so they’re called “statutes of limitations.” In some jurisdictions, the statute of limitations may not begin to run until the discovery of the injury. For example, in California, a patient has three years to file a medical malpractice lawsuit after the harm occurs, or one year after the harm is discovered (whichever comes first).

In most cases, only the primary physician (your doctor) can be sued for misdiagnosis. In rare cases, other health care professionals may also be liable if their negligence caused or contributed to the patient’s harm -- including nurses, lab techs, and any specialists who may have seen the patient. The hospital or health care facility where the doctor practices usually cannot be sued for harm caused by misdiagnosis. That’s because most doctors are independent contractors, not employees of the hospital, so the facility can’t be held legally responsible for the doctor’s negligence.      
An injury was caused by the negligence - For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence. An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.

If you do have cancer and the pain and suffering that you may experience is increased because of the late diagnosis or if your life expectancy is shortened because of the late diagnosis, you may have a viable claim for medical malpractice. But, you would have to prove that you are worse off now than you would have been even if you were diagnosed earlier.
I know it's difficult to live with the "what ifs" of having cancer but in this case, if you do not yet know if you have the disease, you have to wait to see if you actually do have it. Then, you can contact a personal injury attorney in your area and they will help analyze your situation. You can contact as many personal injury attorneys as you want until you find one that will take your case.

Medical malpractice cases are generally sought by patients who have been harmed or injured due to poor medical treatment or mistaken diagnosis from a medical provider such as a doctor, nurse, technician, hospital or medical worker. Typically, the measure of whether a medical provider was “negligent,” or failed to provide proper care, turns on whether the patient would have received the same standard of care from another medical provider under similar circumstances.
How can you tell the difference between appropriate, but unsuccessful care and medical malpractice? Ask. Ask your doctor. Get second opinions if possible. Talk to lawyers, who may have medically trained staff that can give an informed opinion, or who may have dealt with the exact same issue (or doctor) you are dealing with. Do whatever you can to attempt to allay any misgivings you have about your care. But take any opinions with a grain of salt. Some doctors simply won’t accuse a “brother physician” of making a mistake. Some malpractice attorneys will exaggerate the potential of your claim in an attempt to make money. Use your best discretion when seeking opinions on your treatment, but be diligent in the pursuit of information. Until you file a lawsuit, you are your own best advocate and investigator.
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