What To Expect In A Cancer Misdiagnosis Lawsuit: A Step-by-Step Guide

Cancer has been referred to as the “emperor of all maladies.” Unlike most other medical conditions, cancer can manifest in any part of the body. It can be slow-moving or shockingly aggressive. It can do very little to change someone’s quality of life, or it can alter it completely.

If you or a loved one has battled a misdiagnosis related to cancer, you are already aware that the complexities of cancer, the multi-faceted nature of cancer treatment, and the highly personalized ways in which cancer manifests necessitate an accurate diagnosis as soon as cancer can be perceived. Absent an accurate diagnosis, patients may suffer tremendous harm. Depending on the type of misdiagnosis that a patient is subjected to, they may either experience harm due to delayed treatment or due to treatment that they did not require in the first place. Either way, the consequences of misdiagnosis can be devastating for a patient and their loved ones.

Once it has been established that a patient’s harm was caused – at least, in part – by misdiagnosis, that patient can explore the possibility of holding accountable those healthcare providers responsible for their harm via a medical malpractice lawsuit. Although not every misdiagnosis case is legally actionable, most that can be proven and that result in harm are actionable and can potentially result in significant compensation awards.

Making The Decision To Sue

Studies have determined that approximately 75 percent of the serious harm that patients suffer in the U.S. as a result of diagnostic mistakes comes as a result of missed and misdiagnosed infections, vascular events, and cancers. This means that even though medical malpractice can be difficult for patients to identify and prove, still, if you strongly suspect that your suffering would have been less pronounced had you been accurately diagnosed earlier in your medical journey – or that a loved one could have been spared suffering similarly – chances are good that you have grounds upon which to pursue legal action.

Before you commit to taking your situation to court, however, you’ll want to meet with the team at The Law Offices of Samer Habbas & Associates, PC so that we can begin thoroughly – and discretely – investigating your circumstances. We will be upfront and honest with you about the strengths and weaknesses of your case so that you can make truly informed decisions about your rights and options under the law. If we can determine that there is strong evidence in your favor, we will likely advise you that you are in a favorable position to pursue justice by filing a medical malpractice or wrongful death lawsuit.

First Steps

After you attend a free consultation with our reputable legal team and permit us to start investigating your case on your behalf, we’ll start gathering evidence to support your claim. Oftentimes, this process will begin with evaluating all relevant medical records that are readily available. We may also seek out the opinion of experts who can attest to the information contained within your records. Once we have enough information to file a claim, we’ll formally notify the court – and the opposing party or parties – of your decision to sue. The defendants will be allowed to formally respond to that notice. We’ll also immediately start engaging in discovery, which is the process by which we can demand that the opposing party produce documents that may contain crucial evidence and answer questions to further clarify the situation at hand.

Negotiations And Litigation

It is worth noting that the vast majority of civil cases settle out of court. Meaning, the lawyers for each side generally negotiate with one another (and often seek mediation or arbitration services) to reach a mutually agreeable solution. It is only after it becomes clear that an agreeable solution cannot be established that litigation generally becomes the only viable way forward.

With that said, it is important to understand that it will be up to you to accept or reject any settlement offers that are extended by the opposing parties. We will advise you as to whether we believe that a settlement offer is fair and whether we believe that it is in your best interests to accept or reject it. However, the decision to move forward with an offer or not will always rest with you.

If litigation becomes necessary, our team will present the evidence we’ve gathered to the court. We will call witnesses to attest to the strength of your claim. The primary risk associated with litigation is uncertainty. While our team will do everything in our power to aggressively advocate on behalf of your interests, the decision to grant you compensation or to favor the position of those who caused you harm will rest with a judge or jury.

As a result of this reality, we will be very straightforward with you about our sense of whether litigating your legal matter is in your best interests and whether your case is strong enough to withstand this kind of scrutiny. If you decide that moving forward with litigation is the best option, you will want to center yourself before the trial begins. It can be very difficult to relive one’s experience in front of a courtroom full of people and a team of individuals representing the defendants, whose job it is to undermine your claim.

If your case is litigated in your favor, you will almost certainly be awarded both economic and non-economic damages, including compensation for your medical care, pain and suffering, lost wages, and other losses. Seeking the maximum amount of compensation to which you are entitled by litigating your case can be an effort that is well worth your time, energy, and effort. However, you will want to be prepared for the fact that this process is inherently challenging.

Contact A California Medical Malpractice Attorney For Personalized Legal Assistance

There is nothing straightforward about navigating a medical journey affected by a cancer misdiagnosis. Thankfully, the dedicated legal team at The Law Offices of Samer Habbas & Associates, PC has extensive experience assisting patients and surviving loved ones of patients with both straightforward and complex misdiagnosis-related lawsuits. Therefore, you can start resting easier, knowing that you have access to experienced legal guidance and support as you navigate the civil justice elements of your overall situation.

Even if you are not sure of whether you have grounds upon which to file legal action, please do not hesitate to schedule a no-cost and pressure-free confidential case evaluation today by calling 949-727-9300 or contacting us online. All too often, individuals shy away from speaking with an attorney because they are not sure if they need one. In reality, speaking with an attorney is often what allows someone to understand that they are in a position to pursue justice under the law.

Once we’re familiar with the details of your situation, we will help you to make informed decisions in a pressure-free environment. If you have suffered harm due to a cancer-related misdiagnosis, you deserve justice. However, the decision to pursue justice is always going to be yours and yours alone. We are simply here to support you and to aggressively pursue your rights and interests, should you decide to take action. We look forward to speaking with you.