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.
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If you are hesitating to call us for help, take a look at our recent case results.
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$100,000 $100k Policy Limit Settlement for Client Involved in Car Accident With Shoulder Injuries
Policy Limit Settlement for Client Involved in Car Accident With Shoulder Injuries
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$750,000 $750k for Neck Injury Involving Commercial Vehicle
Neck Injury Involving Commercial Vehicle
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$275,000 $275k Settlement for Client Involved in Head-on Collision
Settlement for Client Involved in Head-on Collision
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$122,500 $122k for Young Man Involved in a Head-on Collision
For Young Man Involved in a Head-on Collision
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$1,600,000 $1.6 Million Wrongful Death
Anonymous Wrongful Death Case
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.
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Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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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.
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