Who Do You Sue if Your Doctor Misdiagnoses Your Cancer?

When we get sick, we go to the doctor’s office. Sometimes, we know something’s wrong but we aren’t sure what it is. We trust that our doctor will do the necessary tests to figure out what it is. That’s why it is so frustrating when we find out that our doctor missed something. It’s one thing for our doctor to misdiagnose something like bronchitis or the flu. Yea, we may feel worse than we should, but, for the most part, we won’t die. We probably won’t even end up in the hospital. If your doctor misdiagnoses your cancer, however, it can mean the difference between life and death. It’s not so easy to forgive. Mistakes like this just aren’t acceptable. Doctors are supposed to make us better – not worse.

If you or your loved one’s illness was misdiagnosed (or not diagnosed at all) by a doctor, you need help. You should call an experienced personal injury lawyer right away. They can fight to protect your rights and get you the compensation you deserve.

What Causes a Doctor to Misdiagnose a Patient’s Illness?

picture of a gavel and a stethoscopeWe all know that doctors are busy people. With insurance the way it is today, some doctors try to cram way too many patients into a day. Their nurses do a lot of the work. Nurse Practitioners and Physician’s Assistants also fill in and handle a lot of duties that are supposed to be done by a doctor.

When a patient goes to see a doctor, they’re lucky if they spend more than ten minutes with their physician. This hardly gives the doctor enough time to really understand what is going on with their patient. That is one of the biggest reasons mistakes are made.

If a doctor took the time to do all the necessary tests and really listen to their patients, they’d probably diagnose the patient correctly. They wouldn’t send their patient home, telling them that whatever it is will resolve on its own.

In other cases, it has nothing to do with time. Some doctors aren’t properly trained. Or they have some other personal reason that causes them to misdiagnose a patient. Regardless of the reason, it’s wrong. Your Houston personal injury attorney will make sure they are held accountable.

Misdiagnosing a Patient’s Illness is Negligence

If a doctor fails to properly diagnose a patient, it is considered negligence. Most personal injury lawsuits are based on negligence. Negligence requires that you prove the following four (4) things:

  • The doctor owed you a duty of care – This goes without saying. Doctors take an oath that they’ll take proper care of their patients. This is the very nature of their jobs.
  • They breached this duty – If your doctor misdiagnoses your cancer, they’ve clearly breached their duty of care. If any other doctor in a similar position would have caught your disease, then your doctor should have done so as well.
  • You were injured – It isn’t enough to show that you have cancer. You have to show that the doctor’s misdiagnosis actually caused your disease to get worse. For example, if your personal injury attorney in Houston can prove that you would have lived if your cancer had been diagnosed earlier, you will have proven your injuries..
  • Your injuries were caused by the doctor’s negligence – You have to prove that your injuries were caused by the doctor’s breach. It isn’t enough that you got sick and may possibly die. You have to show that, had the doctor done the right thing, you would have survived.

Your Houston personal injury attorney will work hard to prove these things.. If they’re able to do that, you should win your lawsuit. This means you’ll be entitled to damages.

What Kind of Damages Can You Demand?

If you do win your lawsuit against your doctor, you’ll be entitled to damages. Some of these damages include the following:

  • Medical bills
  • Lost wages
  • Permanent disability
  • Pain and suffering
  • Wrongful death.

If your doctor misdiagnoses your cancer, your personal injury lawyer in Houston will fight to get you the money you deserve. You need to call today and schedule your initial consultation with a personal injury law firm in Houston.

Your attorney at McDonald Worley will sit down with you and review your case. They’ll let you know how much your case may be worth. They’ll also give you an idea of what kind of damages you can demand.. The consultation is absolutely free and you pay nothing unless you settle your case.


Unless we win!

Primary Contact Form
Scroll to Top