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As hard as it may be to believe, on top of medical negligence in the form of cancer misdiagnoses, there are also times when false positive cancer diagnoses are made. This means that in addition to the worry of a medical professional missing the presence of cancer, or failing to diagnose it in a timely manner, there are also times that medical professionals diagnose a patient as having cancer when it is not really true.
Giving a patient a false positive diagnosis can cause serious physical, emotional, and even financial consequences. For the most part, false positive diagnoses typically occur because an improper method was used to implement a test, or the test was not analyzed properly which falls into the category of medical negligence.
Perhaps the worst part of this issue is that false positive diagnoses are not all together uncommon. In fact, it is estimated that as many as forty percent of all initial tests for cancer could be done in error, which would require a retest for a proper result. Because of this issue, it is important that a physician order a second test to verify the first results. It is when a final diagnosis is made, and it is found to be incorrect, that true harm results for the patient.
When Clinical Errors Occur
One of the most serious problems that arise when a false positive cancer diagnosis is made is the starting of cancer treatments. These treatments can include strong cancer fighting drugs, chemotherapy, radiation treatments, and even surgical procedures. Cancer treatments are meant to destroy living cells which can be quite serious for patients who undergo these treatments and are not really ill. If your physician insists upon a certain type of treatment, especially one that could be life threatening, is based upon only one test that has been run, and you were not informed that the test results could be erroneous, it is almost certain that some form of medical negligence has occurred. In this situation, it is possible to hold the doctor who ordered the test, the lab technicians who analyzed the test, as well as the testing facility liable.
How Compensation is Awarded
While patients who have suffered with a false diagnosis are lucky in the fact that they are not truly afflicted with cancer, it is still possible to file a lawsuit seeking compensation for your damages. These cases are quite important and can reap large monetary awards.
Compensation is often sought for patients who have not only dealt with the emotional trauma of a false diagnosis, but especially for those who have undergone cancer treatments that were not necessary. These treatments place patients at a high risk for life threatening complications, cause pain and suffering, and cause the patient to miss work, leading to financial distress. What's more is, cancer treatments can actually cause more harm such as is the case with surgical procedures, radiation, and chemotherapy.
Patients who have endured this type of trauma experience high levels of stress, anxiety, stress disorders that never completely dissipate even after a correct diagnosis is issued, and suffer with periods of depression. They also tend to have trust issues with medical professionals that cannot be repaired, which could lead to serious implications down the road should a real medical issue arise.
There is often a good amount of financial loss that is experienced as well; this can be for medical expenses for unnecessary treatments as well as to get personal affairs in order. On top of seeking compensation for the physical and psychological harm, that has been done, as well as pain and suffering, victims of false cancer diagnoses can also seek compensation for their financial hardships that were endured. These financial losses can be significant, so recouping this loss can go a long way toward completing a personal recovery.
How a Personal Injury Lawyer Can Help
Personal injury lawyers specialize in handling many different types of claims involving misdiagnoses, including those that have to do with false positive cancer diagnoses. Since most personal injury lawyers work on a contingency basis, you pay nothing upfront to file your claim. This means that you do not have worry about how to fund your claim as it progresses through the legal system.
If you or someone you know has suffered in any way because of a false positive diagnosis of cancer, it is important to understand that you have legal rights, and they need to be upheld. The best way to go about this is to contact a personal injury attorney as soon as possible. Since different states have different laws governing how to file a claim, as well as how long you have to file a claim, time is most definitely of the essence. Attempting to file a claim on your own, without professional assistance could be a very costly mistake that could eliminate your chances of a favorable outcome.
You should not take chances with your future, or the future of your legal claim. You should also not continue to allow a medical professional who took an oath to "do no harm" to get away with this caliber of negligence. Taking swift action not only allows you to obtain the justice that you deserve, it also helps to protect others from having to undergo a similar fate. While mistakes happen, there are certain mistakes that could be and should be avoided at all costs. False positive diagnoses are one of those mistakes that should simply never happen.
Contacting a personal injury lawyer who specializes in the area of medical negligence and malpractice for assistance with your case may be one of the best decisions you ever make. These professionals will handle every aspect of your case from start to finish, so you do not have to worry about the details. All evidence is collected, and paperwork is filed on your behalf. Medical professionals have a number of lawyers working hard to protect them and their financial futures, and so should you.
For information on getting legal help for medical negligence visit http://www.feldmanshepherd.com/
