Cancer is a disease that cannot be pinned down to one single cause. There are various factors which may help increase the likelihood of an individual developing the disease. Your genes, general lifestyle, or even the environment may all contribute to increasing the chances of developing the disease.
Many of the claims made in clinical negligence is the failure by doctors to diagnose or treat cancer. Signs that should have been spotted before are not. It is inexcusable in today's modern day society with the advancements in technology to not effectively spot signs of cancer and treat the patient accordingly. Early misdiagnosis of cancer can have drastic consequences on the patient's quality and life expectancy. In some instances, the misdiagnosis can be so serious, that treatment may no longer be a viable option, and the patient may be impacted severely.
What can you expect in making a claim?
In establishing whether the doctor has been negligent, the doctor will first be assessed against other doctors in the same professional capacity. The two main questions that will be asked will be:
* Did the doctor fall under the reasonable standard expected from doctors in his or hers speciality?
* Would the patient's condition be any better now if the correct diagnosis had been initially made? What about comparing this with what actually happened?
In order to establish whether to give compensation, the courts use what we call the 'balance of probabilities' test. Therefore, if it is agreed by the experts in the same speciality that the correct diagnosis would have given the patient a 60% chance of survival, and the actual delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that individual. The same rule applies to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation for that. This is because the survival rate was less than probable in both cases.
The balance of probabilities test has not been favourable amongst some commentators who have argued that it can lead to unfair results for some of the patients. Despite the reservations on the part of some, it is the law that is applied today, and the process that will have to be gone through for anyone making a claim.
Forms of misdiagnoses made by doctors in cases of breast cancer:
* Not following up on test results
* Failure to order new tests
* Failing to spot early symptoms
* Mistaking a tumour for an infection or diagnosing the tumour as benign
* Failing to notice a lump during the screening process
The list outlined above are some of the more common misdiagnoses that are usually made by doctors which can lead to devastating consequences for the individual concerned. A simple observation early on would have lead to a great less psychological and physical pain for the individual.
If you or someone you love has been affected and are concerned about the type of treatment you have received, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding. Our solicitors will provide you with assistance and guidance in pursuing your compensation claim. - 31397
Many of the claims made in clinical negligence is the failure by doctors to diagnose or treat cancer. Signs that should have been spotted before are not. It is inexcusable in today's modern day society with the advancements in technology to not effectively spot signs of cancer and treat the patient accordingly. Early misdiagnosis of cancer can have drastic consequences on the patient's quality and life expectancy. In some instances, the misdiagnosis can be so serious, that treatment may no longer be a viable option, and the patient may be impacted severely.
What can you expect in making a claim?
In establishing whether the doctor has been negligent, the doctor will first be assessed against other doctors in the same professional capacity. The two main questions that will be asked will be:
* Did the doctor fall under the reasonable standard expected from doctors in his or hers speciality?
* Would the patient's condition be any better now if the correct diagnosis had been initially made? What about comparing this with what actually happened?
In order to establish whether to give compensation, the courts use what we call the 'balance of probabilities' test. Therefore, if it is agreed by the experts in the same speciality that the correct diagnosis would have given the patient a 60% chance of survival, and the actual delay in diagnosis and treatment has reduced that chance to 40%, there will be compensation for that individual. The same rule applies to any other serious flaws in treatment. However, if a 40% chance had fallen down to 20%, there would be no compensation for that. This is because the survival rate was less than probable in both cases.
The balance of probabilities test has not been favourable amongst some commentators who have argued that it can lead to unfair results for some of the patients. Despite the reservations on the part of some, it is the law that is applied today, and the process that will have to be gone through for anyone making a claim.
Forms of misdiagnoses made by doctors in cases of breast cancer:
* Not following up on test results
* Failure to order new tests
* Failing to spot early symptoms
* Mistaking a tumour for an infection or diagnosing the tumour as benign
* Failing to notice a lump during the screening process
The list outlined above are some of the more common misdiagnoses that are usually made by doctors which can lead to devastating consequences for the individual concerned. A simple observation early on would have lead to a great less psychological and physical pain for the individual.
If you or someone you love has been affected and are concerned about the type of treatment you have received, our specialist clinical negligence solicitors will be able to offer you advice with compassion and understanding. Our solicitors will provide you with assistance and guidance in pursuing your compensation claim. - 31397
About the Author:
Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitor, Lawyer, cancer claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation
