Failure to Diagnose Terminal Illness

Knowledgeable Boston Attorneys Representing Victims of a Misdiagnosis

If you or a loved suffered a delay in the diagnosis of a disease which led to a terminal illness, it is essential that you retain a law firm with years of experience handling these complex cases. At Breakstone, White & Gluck, our Boston misdiagnosis lawyers believe in fighting for each client and providing them with the compassionate and knowledgeable legal counsel that they deserve. Most of these unfortunate cases involve the misdiagnosis of cancer. If after investigation, it appears that the cancer was treatable as of the date when it should have been diagnosed, then you may have a valid claim for malpractice that results in a terminal illness. Obtaining an accurate and prompt diagnosis can dramatically affect the length of the patient’s life and the quality of life that he or she may enjoy in his or her final years. Just because an illness like cancer may result in the patient’s death does not mean that he or she does not deserve prompt and careful medical treatment, especially regarding the diagnosis. Not knowing the nature of your condition or the impact that it may have on your life can be stressful for the victim and his or her loved ones. Additionally, early intervention in a terminal illness can add significant time to the victim’s life expectancy.

At Breakstone, White & Gluck, we have over 100 years combined experience advocating for victims of late diagnosis that resulted in serious injury and death. We have worked with some of the world’s top oncologists, pathologists and surgeons to support our clients claims of malpractice for late diagnosis. When selecting a lawyer for your case, consider carefully that lawyers experience with these complex and challenging cases. If your medical professionals failed to diagnose a terminal illness, contact us today to learn more about whether you may be entitled to compensation.

Bring a Medical Negligence Action for a Failure to Diagnose a Terminal Illness

Diagnosing an illness before it becomes terminal is critical. Every day counts when you are facing a life-ending disease. Many people who received an untimely diagnosis wrongly assume that they cannot hold their medical provider responsible because they are likely to die from their condition regardless. However, this is not true. Under Massachusetts law, medical providers owe each patient a duty to act in a certain way when caring for and treating them. The standard of care that medical providers must render is the same care that other medical professionals in the area with comparable training and education would use when treating a patient with a similar medical history and conditions. Applied to situations involving diagnoses, physicians are trained to examine symptoms and to perform certain tests to rule out various diagnoses in order to find the actual cause of a patient’s condition.

If a patient presents with certain symptoms, and the doctor fails to order routine tests that other physicians would very likely order, the physician was likely negligent in handling the patient’s care. Cancer is one of the most commonly misdiagnosed conditions. The sooner that it is diagnosed, the more likely it is that the patient can extend his or her expected lifespan, or receive treatments that help mitigate the symptoms and impacts of the disease. Faulty equipment that leads to improper test results can also serve as a basis for a delayed diagnosis, especially when the physician should have known that the results were improper.

After showing that the physician failed to render appropriate medical care, your attorney must next establish that this failure was the cause of the injuries that you sustained. Causation is one of the most complicated steps of a medical malpractice case based on a failure to diagnose a terminal illness because patients usually have complicated medical histories. This can make it difficult to tell whether the delay in diagnosis resulted in identifiable harm to the plaintiff. Since this is a complicated stage of the lawsuit, the parties usually retain at least one medical expert to examine the medical records and to testify about whether the delay in diagnosis resulted in avoidable harm to the plaintiff.

If your attorney is successful in establishing this causal link, the next task will be providing evidence showing the amount of damages that you suffered as a result of the failure to make an appropriate diagnosis. This can include additional medical expenses, as well as pain and suffering and losses to the victim’s family members.

Hire a Medical Malpractice Attorney in Boston or Surrounding Areas

When you are faced with a life-ending disease, realizing that your medical providers made a careless and avoidable error regarding your diagnosis can be devastating. While you are coping with the challenges associated with your condition and learning about the late diagnosis, the Boston attorneys at Breakstone, White & Gluck can work tirelessly to ensure that you receive the justice that you deserve. We also represent clients in cities such as Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. Call us now at 1-800-379-1244 or contact us online to set up your free consultation regarding a misdiagnosis of a terminal illness, a heart attack, a stroke, or another condition.

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David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case.
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Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
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