Filing a Malpractice Claim for a Cancer Misdiagnosis

Medical malpractice is serious business. There are very few things that are as devastating as a misdiagnosis that ends up completely changing life as you know it. This kind of medical malpractice can result in the lives of patients being drastically altered and enduring serious debilitation or death.

A cancer diagnosis can be devastating on its own. A cancer misdiagnosis is tragic on all levels. Thankfully, there are steps that can be taken in the case of this sort of medical malpractice. We look at exactly how to do this below.

Steps to Filing a Malpractice Claim for a Cancer Misdiagnosis

Understand Medical Malpractice and Establish a Case

By definition, medical malpractice occurs when injury or illness results from medical mistakes or negligence like misinterpreting the results of lab tests and failing to screen for a particular medical condition, among other reasons.

Medical malpractice by way of a cancer misdiagnosis can take place in many forms, one only has a case when one can prove that this is indeed so and injuries have resulted from the same. It is at this point that one has a case.

Gather Documentation

The more records you have to support your malpractice case, the better. Understandably, some documents and records may not be possible to get a hold of without the assistance of an attorney. However, there is still much that you can do.

You can start by creating a timeline of activities and events as they occurred during the course of your treatment interactions with your oncologist or medical practitioner. This timeline can comprise documents like the dated receipts you got after paying for medication or lab tests, and so forth. Dated letters, emails, and other communication can be included to piece together the story of your misdiagnosis.

Consult with Your Attorney  

Even when you’re already armed with the above, it is important to seek legal counsel. It is your attorney (or team of attorneys) who will help interpret the law for you, let you know what your next steps are, and essentially help you put together a successful claim.

Hiring a medical malpractice lawyer to represent you on matters as important, as medical malpractice requires doing some homework. You must ensure that you are hiring a lawyer who is competent, knowledgeable, experienced, thorough, and recorded past success to back up his or her work. Your claim is simply too important to take any risks in this regard. Below are two major characteristics to look for when hiring a lawyer to help you file your claim.  

Two Things to Look for in an Attorney


Any lawyer or group of lawyers you are considering working with on your medical malpractice claim should be properly licensed and registered to do so. Passing the bar is a must, and meeting all other city and state requirements to practice should be in place. The lawyer should be authorized to practice in your locale, as well as in the area of medical malpractice.

Experience with a Successful Track Record

In law, experience matters. Experience is why lawyers fresh from the bar often work alongside lawyers from more established firms before branching off on their own. It is important, therefore, to ensure that any lawyer or group of lawyers representing you is both knowledgeable and experienced in the area of medical malpractice. Even better are those with a track record in the area of cancer misdiagnosis.