You've been having some pain over the last few months, but your doctor said that it was a minor problem and prescribed you with light painkillers. However, the pain didn't go away and you just found a tumor that another doctor says has been there before your first took a look at you. This situation is likely malpractice and may need a lawsuit.
A Misdiagnosed Tumor is Very Much Malpractice
When your doctor diagnoses your condition, they owe you a degree of accuracy that is as precise as possible. If they do not meet the highest standards of accuracy and misdiagnose a cancer tumor as something else or don't realize its severity, they are committing malpractice on a big level.
For example, they may not notice a stomach tumor on your scan and believe that your stomach pain is just a symptom of gas. As a result, they give you an indigestion treatment that does nothing to stop the tumor from growing. They then realize the situation is more severe when your tumor is undeniable.
Unfortunately, this situation means that you've lost a lot of time getting treatment. And with cancer, early detection and immediate treatment is what saves lives. Therefore, you need to take this case to court and get the reimbursement that you deserve for your doctor's grave error in diagnosis.
Although your doctor may have made an honest mistake in misdiagnosing your tumor, that doesn't mean they are innocent of malpractice. Malpractice doesn't require that the doctor was willfully of even maliciously misdiagnosing you – just that the misdiagnosis happened and that you were injured.
As a result, proving this type of case is typically easier than you might anticipate, particularly if you can showcase documents from another doctor that proved your tumor was more serious than they first realized and that they should have known better when diagnosing you. This evidence is crucial.
Realize, though, that the doctor is likely protected by malpractice insurance from the hospital where they work. This policy type will pay for a reward, often a lower one or a settlement offered to avoid a lengthy legal fight. You may just want to take this smaller payment and walk away from the case.
However, you may also want to pursue a more serious legal suit if you believe that your misdiagnosis was more serious. Be prepared for a lengthy fight, as the doctor's lawyers will try to prove you wrong. A medical malpractice lawyer is critical here as a way of protecting your rights to reimbursement.