Everyone's nightmare is to hear a diagnosis of cancer. When there have been symptoms for months, or longer, but the physician ignored them, or failed to do a proper exam or testing the question becomes: is there a medical malpractice case?
The answer is complicated. We must investigate several issues. First, did the doctor violate the "standard of care". This legal term means, "what would another doctor have done under the same or similar circumstances?" This question under Georgia law can only be answered by another medical doctor practicing the same specialty of medicine. However, that is not the end of the investigation. The doctor who answers this questions in the affirmative will be your expert witness.
Next, the physician expert must answer whether an early diagnosis would have made a significant difference in the patient's condition. For example, if the patient has Stage IV cancer, a terminal condition, an early diagnosis may have saved their life. This then would be the basis for bringing a case against the doctor. On the other hand, there are unfortunate circumstances where even an early diagnosis would not make a difference in the outcome. These sad circumstances would not likely lead to our Atlanta, Georgia law firm taking the case. There must be a causal connection between the malpractice and the injury.
So, in these types of cases there is much to consider, much to do and they are expensive to pursue. Plus, the emotional frailty of the patient and their family must be handled with care.
Failure to Diagnose Cancer - Under Georgia Law, Is there a Case?
April 12, 2011
