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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.
Early diagnosis of cancer is essential in leading to more effective treatment and lower mortality rate. Failure by doctors to do this can have devastating results for the patient involved. With the current advancements in technology, it is much easier now than ever before to be able to spot signs of cancer. Early misdiagnosis of cancer can have drastic consequences for the patient's life expectancy. In some cases, the consequences can be so serious that treatment may no longer be an option and the patient will be impacted for life.
How can you make a claim?
In order to establish the doctor's liability, the doctor will first be assessed against other doctors in the same speciality. Two fundamental questions will be asked:
* 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
* Failing to order new tests
* Failing to spot early symptoms
* Mistaking a tumour for an infection or diagnosing the tumour as benign
* Failing to observe an obvious lump during an examination
These are just some of the critical mistakes that doctors have been known to make. Critical mistakes that lead to great trauma and anxiety for the individual involved. An early diagnosis would have prevented a lot of the suffering faced by the individual.
If you have 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.
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