Misdiagnosed cancer victim compensated for medical malpractice

Friday July 11, 2014

Medical malpractice or medical negligence is defined as any act or omission by a doctor or medical practitioner who, by digressing from the usual medical practices, causes injury to the victim. Numerous medical malpractice lawsuits are filed in the United States every year, with victims of medical negligence often suffering severe disabilities and exorbitant medical expenses.

Recently, the daughter of a cancer patient who passed away was awarded substantial monetary compensation after it was found that the radiologist failed to notice cancer in the patient’s x-rays. A different doctor found the victim suffering from advanced stages of lung cancer. The findings were too late however, and the lady passed away from the disease. The daughter sued for medical negligence and the jury found the doctor guilty of the charges, awarding the daughter $16.7 million dollars.

Medical malpractice lawsuits are subjected to a technical three-pronged analysis to test the veracity of the victim’s claims. First, the doctor must have a duty of care toward the victim patient. Second, there must be a digression from the usual standard of care. Lastly, the victim must have suffered some kind of injury from the negligence. Only upon satisfying all three categories can a victim be entitled to compensation.

Medical malpractice is an important area of the law. If proven, the victim or his family can get legal compensation for their damages. The medical practitioner found guilty of such negligence may be subjected to a plethora of penalties including revocation of license, fines, and even imprisonment. In such cases, it may be advisable to get professional help to get justice for a victim of medical malpractice.

Source: Boston Globe, “$16.7 million award in cancer lawsuit”, Yasmeen Abutaleb, June 30, 2014

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