Free Consultation
Improper cancer diagnoses can create a whirlwind of challenges for patients. Whether you have spent money and emotional energy treating a cancer diagnosis when you did not actually have cancer, or you have cancer that was incorrectly identified and now face additional medical costs for delayed or corrective treatment, you may be eligible for compensation.
The first step in getting the compensation you deserve is to contact a Harrisburg cancer misdiagnosis lawyer. A dedicated attorney can uncover the merits of your medical negligence claim and build the strongest possible case on your behalf.
Negligent Cancer Misdiagnosis
Not all misdiagnoses are the result of medical negligence. Medical malpractice, as governed by 1996 Act 135 § 821A(b), only applies to cases of wanton recklessness, intentional misconduct, or negligent actions that go against medical standards of care.
To prove that these standards of care were violated, civil courts require testimony from a medical expert. This expert must attest to the standard of care that was owed to the injured patient to indicate whether a doctor’s cancer misdiagnosis resulted from breaching those standards. Per 2002 Act 13 §512, a person is considered a medical expert if they are a licensed physician with a qualifying level of training, education, and experience in the relevant area of medicine.
Multiple healthcare providers could be liable for a cancer misdiagnosis under 2002 Act 13 §503(b), including:
- Physicians who misdiagnosed or improperly treated cancer
- A hospital or medical practice where the negligent medical professional worked at the time of the misdiagnosis
- A state-licensed university or medical clinic that provided negligent care
- The nurses, technicians, and any other employee who contributed to the negligence while working within their scope of practice
A Harrisburg attorney could investigate the exact circumstances that led to a cancer misdiagnosis to determine whether multiple parties could be liable for providing compensatory damages.
Statute of Limitations for Medical Malpractice Lawsuits
When it comes to filing a medical malpractice lawsuit, any mistakes can delay or even prevent a lawsuit from moving forward. The statute of limitations is a term that describes the deadline for filing a compensation claim. Medical negligence cases typically have a two-year statute of limitations under 42 Pa. Code 42 § 5524(2), meaning an injured patient must file their lawsuit within two years from the date of their injury. Otherwise, the court may dismiss their case.
There are some exceptions to this general statute of limitations that may apply to cancer misdiagnosis cases. A patient is typically not aware that they are receiving an incorrect or delayed diagnosis in the moment. In these cases, the two-year deadline for taking legal action starts from the date a patient reasonably discovers that medical negligence occurred. Regardless of when the harm was discovered, there is always a seven-year limit from the date of an injury to take legal action under 2002 Act 13 §513(a). An injured patient’s cancer misdiagnosis lawyer in Harrisburg can navigate the complexities of court procedures on their client’s behalf, ensuring an injured patient meets all applicable deadlines to pursue a successful claim.
Consult With a Harrisburg Cancer Misdiagnosis Attorney
When you have been injured by medical negligence, the physical, emotional, and financial tolls can feel insurmountable. You do not have to face these challenges alone. With the support of an experienced Harrisburg cancer misdiagnosis lawyer, you can pursue financial compensation to cover your needs and achieve a sense of justice. Our attorneys are knowledgeable advocates who can build and present your case on your behalf. Call Lowenthal & Abrams, Injury Attorneys, now.
