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Delay in Diagnosis

Delay in diagnosis of many cancers can result reduced patient survival rates and cause untimely death. Sometimes, however, a delayed cancer diagnosis may not affect the patient’s outcome. ┬áThe delayed diagnosis needs to have been a deviation from the standard of care and that delay needs to have a significant impact on the patient’s health.

Delayed diagnosis cases are extremely complex medical malpractice claims. If you suspect you or your loved one is a victim of medical malpractice, call the attorneys at McEnery Price Messey & Sullivan. We will conduct a thorough medical and legal investigation into your case.

Types of Cases We Have Handled

In our office, we have handled cases of:

  • Delay in diagnosis of breast cancer
  • Delay in diagnosis of lung cancer
  • Delay in diagnosis of colon cancer
  • Delay in diagnosis of ovarian cancer
  • Delay in diagnosis and misdiagnosis of squamous cell cancer of the tongue
  • Delay in diagnosis and misdiagnosis of skin cancer or melanoma
  • Delay in diagnosis of sarcoma/bone cancer
  • Delay in diagnosis of prostate cancer

Many people are under the mistaken belief that ANY delay in diagnosis is malpractice, but this is not true. A delay in diagnosis of cancer-even a lengthy delay- does not automatically mean that medical malpractice has occurred. The law requires that the delay was a mistake, or deviation from the standard of care. For example, a delay caused by a misreading of an x-ray or the failure to tell a patient about an abnormal test result can sometime constitute a deviation from the standard of care. The mistake must also cause significant permanent harm.

In a delay in diagnosis of cancer case, the outcome to the patient must be statistically different to a reasonable degree of medical certainty. If the outcome to the patient is the same regardless of the mistake, then the legal requirements for a malpractice case are not met. This is a complicated analysis which depends on the exact type and stage of cancer.

Call our attorneys to discuss your Connecticut medical malpractice case today at 855-494-8300. We are Connecticut’s only personal injury law firm with a doctor/attorney and a nurse/attorney on staff. We will evaluate your information, discuss it with our network of expert physicians, and work with you to determine whether you have a case.

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