Cancer is a devastating disease, which, if not treated properly, can lead to severe damage or even death. In the event that a procedure is not performed properly or the condition of the cancer is worsened by a medical error or negligence, the medical professional that performed the procedure can be held liable for their mistakes. At the top-rated Normandie Law Firm, our expert Los Angeles cancer medical malpractice lawyers can walk you through the process of filing a lawsuit against the responsible party so that you can earn the compensation that you deserve.
The Condition
A doctor’s failure to properly diagnose cancer can give rise to further damages down the line for their patients. In the event that the physician’s negligence led to a worsening of conditions, that doctor should be held liable for the damages inflicted; an attorney who has experience handling medical malpractice claims can help secure a settlement. Cancer is an extremely debilitating disease that can afflict almost any part of the human body. In most forms of cancer, the cells of the body begin to divide without stopping and then go on to spread into surrounding tissues. This is an alteration of the normal bodily process wherein human cells grow and divide as the body needs them, often replacing other damaged or dead cells.
However, when cancer develops, the natural process breaks down completely. Over time, cells become more and more abnormal, damaged cells survive when they shouldn’t be able to, and new cells form when they are not needed. These new cells can continue to divide and may develop growths called tumors. Cancerous tumors can spread or invade nearby tissues, and as they grow, cancerous cells can break off and travel through the body to form new tumors far from the original. There are two types of tumors that can form: malignant and benign. Malignant tumors will typically spread and multiply, while benign tumors can grow but do not spread into other tissues. When benign tumors are removed they usually grow back. While most benign tumors in other parts, of the body, can be treated, benign tumors in the brain can be life-threatening.
Cancer is considered to be a genetic disease in that it is caused by gene changes that control the function and nature of cells. These genes that cause cancer can be passed down from our parents, but they can also arise during a person’s lifetime as a result of errors in cell division. This ladder cause of cancer can come from exposure to harsh chemical substances like tobacco smoke, radiation, and ultraviolet rays from the sun.
Listed below is a list of some of the forms of cancer a person can be diagnosed with:
- Bladder Cancer: Occurs when cells in the urinary bladder begin to grow uncontrollably. Some main causes of bladder cancer include smoking of tobacco, exposure to chemicals, past radiation exposure, chronic irritation of the bladder lining, or parasitic infections.
- Breast Cancer: The uncontrolled growth of breast cells. Individuals with certain risk factors are more likely to develop this form of cancer. Factors such as an abuse of alcohol, or a family history of breast cancer can contribute to a cause.
- Colorectal Cancer/Colon Cancer: The uncontrolled growth of cells in the colon or rectum. Tends to occur in people with HNPCC (hereditary nonpolyposis colorectal cancer) before the age of 50.
- Lung Cancer: The uncontrolled growth of abnormal cells that line the air passages. More common causes of Lung Cancer are through smoking tobacco. Although for non-smokers lung cancer can be caused by exposure to radon, secondhand smoke, air pollution, or other substance exposures.
- Skin Cancer: The uncontrolled growth of abnormal skin cells. Usually caused by ultraviolet radiation from sunshine or a tanning bed.
- Melanoma: The uncontrolled growth of melanocyte cells. Does not always result in cancer. Melanoma is caused by a combination of environmental factors (like excess sun exposure) and genetic factors (genetic predisposition).
- Thyroid Cancer: The uncontrolled growth of abnormal cells in the thyroid gland. The cause of thyroid cancer remains to be known; however, there are certain risk factors like family history and exposure to high levels of radiation that may contribute to the diagnosis of Thyroid Cancer.
- Endometrial Cancer: the uncontrolled growth of abnormal cells in the inner lining of the uterus (endometrium). Endometrial Cancer is mainly caused by an excess of estrogen in the body.
- Kidney Cancer (Renal Cancer) The uncontrolled growth of abnormal cells in the kidneys. Kidney Cancer is often caused by having a genetic disposition to being diagnosed with it, although being exposed to certain chemicals like asbestos, cadmium, benzene, organic solvents, and other certain herbicides.
- Leukemia: The uncontrolled growth of abnormal cells within your blood platelets. The cause of leukemia is still unknown, and those with leukemia do not have any known risk factors.
- Pancreatic Cancer: The uncontrolled growth of abnormal cells within the pancreas. Those with a genetic disposition to develop pancreatic cancer are more likely to be diagnosed with it.
- Liver Cancer: The uncontrolled growth of abnormal cells within the liver. This form of cancer tends to occur in livers damaged by birth defects, alcohol abuse, or chronic infections.
- Non-Hodgkin Lymphoma: The growth of cancerous cells within white blood cells (lymphocytes). The factors that increase the risk of Non-Hodgkin Lymphoma include old age, the use of immunosuppressant drugs, or an infection.
- Lymphoma: The uncontrolled growth of abnormal cells in the lymph nodes. Some risk factors involved with lymphoma include problems with the immune system, certain infections, a genetic disposition, previous treatment of cancer, and old age.
These are just some of the forms of cancer that a person can be diagnosed with. The treatments of cancer vary just as much as the disease itself; however, there remains to be a cure for the disease. The treatments themselves can be damaging to an individual as the common treatments involve dousing the patient in a sometimes lethal amount of radiation. Currently, 7.6 million people die worldwide every year from cancer and it is considered the second highest leading cause of death in the United States. It is fair to say that cancer is a widespread and debilitating disease that, if treated or diagnosed poorly, can have adverse effects on the well being of a patient. If you or a loved one has experienced a worsening condition or died from cancer as the result of medical negligence, our qualified Los Angeles attorneys with experience in medical malpractice cases can help you sue the party responsible and earn proper monetary repair for the damages you have endured.
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Cancer Medical Malpractice
Medical Malpractice occurs whenever a health care professional or provider issues harm, injury, or death because of their negligence while operating, during a procedure, or when receiving treatment. In the event that a patient experiences any sort of medical malpractice, it is within his rights to sue the doctor, hospital, nurse, lab, or emergency room for their negligence. Cancer medical malpractice occurs when a health care professional issues a missed diagnosis, fails to diagnose, a wrong diagnosis, or a delayed or late diagnosis. Medical negligence in regards to cancer can also occur when a health care professional does not issue the proper medication or dosage of said medication. An accomplished attorney with expertise in medical malpractice injury lawsuits can give you further information and guidance.
Pursuing Legal Action & Proving Negligence
If you decide to file a lawsuit against the doctor who acted negligently while treating your cancer, you must show that your physician acted below the standard of care a more reasonable health care provider would have used if they were under similar circumstances. Doctor’s error can be anything from improper medication dosage to a misdiagnosis of your condition. If you decide to file a lawsuit against a hospital for cancer treatment malpractice, you must prove that there was some sort of lack of the hospital’s care that resulted in your damages. This can include things like a lab mistake, a lack of proper staffing, or an incorrect mixture of the chemicals involved in chemotherapy. If you can prove that the hospital is negligent and that a more reasonable hospital would have been more diligent, then the hospital may be held liable for your damages. This can be done with the help of a skilled attorney who has experience in medical malpractice cases.
Proving negligence can be a challenging endeavor. Not only are there a variety of factors that play into proving negligence, but it is more than likely that the defendants will have the resources to hire an expert team of lawyers to refute your claims. As a result, you should make sure to have a lawyer experienced in medical malpractice cases on your side to combat this. Below is a list of things a patient must prove in order to present a successful case of negligence:
- Existence of a Doctor-Patient Relationship: A patient must be able to show that the doctor agreed to treat the patient, and that said patient agreed to be treated
- The Health Care Professional Acted In Negligence: The patient must be able to prove that the healthcare professional breached the medical standard of care. This can be done through the comparing the actions of the doctor that treated you to what another reasonably competent doctor would have done under similar circumstances.
- The Health Care Professionals Actions Directly Caused Harm: The patient must be able to prove that the physician’s actions directly inflicted their damages. If for instance the doctor’s negligent actions, did not directly inflict the damage then the lawsuit against the doctor’s malpractice runs the risk of being dismissed
- The Damages: The patient must be able to prove that the doctor’s negligent actions caused real damages. This can be shown through medical bills and records, as well as a loss of wages or loss of future income.
How to Contact Our Law Firm
If you or a loved one has suffered from a misdiagnosis or worsening condition of cancer as the result of medical malpractice, you may be eligible for substantial financial compensation. While our law firm operates out of Los Angeles, we also practice in San Diego San Francisco, San Jose, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, Santa Ana and throughout the entire state of California. Contact our top law offices today, and an experienced attorney in Los Angeles can walk you through the process of filing your claim.
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Our free consultation policy ensures that every injured victim receives the legal advice that they need so they can make an informed decision regarding their case. Our law firm also works on contingency. Under our zero fee guarantee policy all of our clients only pay for our services once their case is won. Our firm never charges any upfront fees. Second opinions are also provided so if you already have an attorney, you could still contact us to find out if your attorney is doing a good job on your case. Our experienced lawyers will be available to take your call.