Cancer Malpractice
When you come in with concerns or symptoms, your doctor should take an appropriate medical history and determine whether you are at risk for cancer or another illness. They should use differential diagnosis when appropriate. Differential diagnosis is the process whereby a doctor lists multiple conditions that may be responsible for patient symptoms. The doctor bases the list on self-reported symptoms and physical exams. Diagnostic testing allows a doctor to rule out each condition until only one condition is left on the list. Often, treatment must begin immediately after diagnosis. However, there are situations in which it is possible to take a wait-and-see approach. It is important to hire an attorney who works with reputable doctors and oncologists when bringing a cancer malpractice lawsuit.
In Georgia, a cancer malpractice lawsuit must be brought within two years of the date on which an injury or death resulting from a negligent or wrongful act occurred. A cancer malpractice lawsuit usually cannot be brought more than five years after the date of a negligent or wrongful act, but there are exceptions that a cancer malpractice attorney in Atlanta can explain.
see how we've made a difference
If you are hesitating to call us for help, take a look at our recent case results.
-
$250,000 $250k for Man Who Suffered Neck Injury in Motor Vehicle Accident
For Man Who Suffered Neck Injury in Motor Vehicle Accident
-
$100,000 $100k for Woman Involved in Rear-End Collision With Neck Injury
For Woman Involved in Rear-End Collision With Neck Injury
-
$360,000 $360k for Man Injured in a Motorcycle Accident
Man Injured in a Motorcycle Accident
-
$500,000 $500k Settlement for Individual Injured in Accident & Suffered Broken Leg
Settlement for Individual Injured in Accident & Suffered Broken Leg
-
$335,000 $335k for a Man Rear-Ended by a Landscape Truck
For a Man Rear-Ended by a Landscape Truck
Liability in Cancer Malpractice Cases
Under O.C.G.A. section 51–1–27, doctors are supposed to use a reasonable degree of skill and care when practicing medicine. As a patient, you can recover for any injury that results from your doctor’s want of such care and skill. To establish liability for cancer malpractice, you will need to show that it is more likely than not that the defendant owed you a professional standard of care, the defendant breached the professional standard of care, and the breach caused your injuries and damages. A defendant may breach the professional standard of care in many ways, such as failing to conduct a differential diagnosis, failing to use diagnostic testing appropriately, failing to take a patient history, misdiagnosing a patient, delaying a diagnosis, or failing to treat cancer. The professional standard of care in a cancer malpractice lawsuit hinges on what a reasonably competent doctor in the same specialty would do when faced with a similar patient and circumstances.
Under O.C.G.A. section 9–11–9.1, your Atlanta cancer malpractice attorney will need to file an affidavit prepared by a qualified medical expert with the initial complaint. The affidavit should set forth a sworn opinion about at least one negligent act perpetrated by the defendant health care provider, along with the factual basis for that opinion.
-
Proven Record of Results
Van Sant Law has recovered millions in compensation for our clients’ benefit.
-
Years of Experience
Van Sant Law is committed to professional and experienced personal injury representation.
-
Awards and Accolades
10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40
-
Strategic and Aggressive
Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
-
Personal and Compassionate
Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
-
No Fee Guarantee
Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!
-
"I truly felt they were in my corner and had my best interest at heart."
Van Sant Law was just the right people to call after my car accident. They were referred to me by a friend. They were helpful and understanding of my needs and pains. From start to finish they were helpful in explaining the process with the doctors and insurance. Thank you for getting me back on feet.
- Abby C. -
"Let the Van Sant team handle your case! You're in good hands."
Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track.
- Crystal -
"They were diligent, timely, and very informative during the whole process."
Van Sant Law worked on my personal injury case, and they have gone above and beyond in representing me as a client. They gave multiple updates throughout the course of the case. I would highly recommend Van Sant to friends and family, and I would choose them as my personal injury attorney if I were to have a personal injury claim. Thank you, Van Sant Law!
- Tyriq R. -
"We were thrilled with the support from Van Sant."
The team really helped us as we navigated the claims process after our oldest child had his car totaled by a drunk driver! They were incredibly professional and helped us through every step of the process! Would absolutely recommend their services! Thank you!
- Josiah B. -
"My results have been positive & I would highly recommend Van Sant Law to family & friends."
I had a head on collusion that left me with a totaled car & very bad injuries. From the first time I spoke to David Van Sant to the end I have been totally satisfied. I worked with Patricia she was very compassionate yet professional she was always ready to answer any concerns that I might have. I am grateful that my daughter found this law firm for me.
- Karen J. -
"Very knowledgeable, straight forward and communicated with me every step of the way."
I used Van Sant Law for my auto accident claim and I'm so glad I did! Parker, my attorney, was especially great. He really eased my pain and got me the best settlement possible. I highly recommend Van Sant Law. They did right by me and I'm very happy with their level of service.
- Mark A. -
"From the first phone call to getting my settlement check the customer service was great."
They checked in throughout my care and gave updates as well, the process was truly a breeze! I cant thank you guys enough!
- Tareckia S. -
"The team was personable, efficient and guided me through the process with ease."
I had the best experience with VanSant Law. I am forever grateful for Van Sant Law and will use them in the future.
- Moe
Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
Recoverable Damages for Cancer Malpractice in GA
Cancer malpractice can have devastating consequences, both physically and emotionally. When a medical professional's negligence leads to a misdiagnosis, delayed treatment, or improper treatment of cancer, the resulting damages can be significant. Once we establish liability for cancer malpractice, we will be able to recover damages for you. In most cases, damages are compensatory; that is, they compensate for losses sustained as a result of the malpractice. Both economic and non-economic losses may be pursued. Sadly, in some cases, cancer malpractice results in the death of the patient. It may be appropriate to pursue damages through a wrongful death lawsuit.
In Georgia, the recoverable damages for cancer malpractice can include:
Economic Damages
- Medical expenses: This includes the cost of past and future medical treatment, surgeries, medications, hospital stays, and rehabilitation.
- Lost wages: If the victim is unable to work due to their cancer or its treatment, they can recover lost wages and earning potential.
- Lost earning capacity: If the victim's ability to earn a living is permanently impaired, they may be entitled to compensation for future lost earnings.
- Property damage: If the victim needs to modify their home or vehicle to accommodate their disability, they may recover the cost of these modifications.
Non-Economic Damages
- Pain and suffering: This includes physical pain, emotional distress, and mental anguish.
- Loss of enjoyment of life: This encompasses the inability to participate in activities that the victim used to enjoy.
- Disfigurement: If the cancer treatment results in physical disfigurement, the victim may recover damages for this.
- Loss of consortium: This refers to the loss of companionship, love, and affection between spouses.
.2410180755550.png){kind=logo}
.2410171551550.png)
