Potentially. While it’s possible to sue an oncologist, determining if you have grounds for a medical malpractice lawsuit largely depends on the specific circumstances of your case. Concerned that you or someone you love may have been the victim of cancer malpractice? Here’s what you should know.
Cancer is an umbrella term for a collection of more than 100 related illnesses characterized by cells that divide without stopping and can spread to surrounding tissues, as well as other parts of the body. Though mortality rates vary between cancers of different types, cancer is the leading cause of death worldwide and the second leading cause of death in the United States.
Poor health outcomes for cancer patients are tragic, but not all warrant bringing a lawsuit against the oncologist or members of his or her medical support staff. However, if your oncologist made a careless mistake, was negligent in treating you, and delivered substandard care that resulted in harm, you may have cause to take legal action.
Examples of cancer-related medical malpractice include:
- Missed or delayed diagnosis that allowed undetected cancer to progress
- A misdiagnosis that resulted in inappropriate or unnecessary treatment
- Surgical errors, such as removing healthy tissue rather than cancerous tumors
- Medication errors, such as ordering or administrating the wrong medication or an incorrect dose of a prescribed drug
- Failure to inform patients of risks related to their treatment or medication
For your case to be considered medical malpractice, you must also prove the following:
- You were the oncologist’s patient and, as a result, he or she owed you a duty of care.
- The oncologist failed to provide the accepted standard of care and made mistakes a similarly-trained doctor likely wouldn’t have made under similar circumstances.
- You suffered physical or financial injuries related to the medical malpractice.
- Your oncologist’s negligent actions were the probable or most likely cause of your injuries and losses.
Consult a Knowledgeable GA Attorney About Your Medical Malpractice Case
If you or a loved one were a victim of cancer malpractice, it’s important to consult an attorney to learn about your legal rights and options. Contact Van Sant Law today to schedule an appointment for a free initial consultation.