Medical Malpractice: Failure to Detect Cancer
Medical malpractice is the branch of the law governing what the patient can do when doctors make mistakes. There are two factors in a medical malpractice claim: reasonableness of the mistake and degree of harm. If the error was reasonable, that is, if an average doctor might have made the same exact mistake when faced with similar circumstances, then there may not be malpractice.
For example, a doctor may fail to detect cancer at very early stages. In this case, the mistake may be reasonable, not a grossly obvious one. A doctor has a legal duty to use all of the standard preventative methods of her profession in order to predict the existence of cancer.
The doctor's failure to detect cancer usually results in major damage, such as death. And often the preventative measures and tests are easily performed. So, there is often no excuse for a doctor not to order testing procedures when there is even a small likelihood of cancer.
Examples of Failing to Detect Cancer
When a patient complains of lumps in her breast, she must be subjected to a mammogram, ultrasound, or other imaging test to detect breast cancer. A biopsy may be required if cancer is likely.
With skin cancer, the medical lab is responsible for notifying the doctor that a biopsy of a mole was precancerous. The doctor is also responsible for follow-up care for skin cancer. A lack of follow-up care can lead to infection at the spot where the cancer was excised, burst blood vessels, and recurrent cancer.
A doctor is responsible for scheduling a colonoscopy for the patient. Colorectal cancer is one of the most preventable forms of cancer if detected early.
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Last Modified: 10-19-2010 02:56 PM PDT
