Pittsburgh Failure To Diagnose Breast Cancer Lawyers
Accomplished Medical Malpractice Firm Fights For Pennsylvania Patients Whose Doctors Failed To Diagnose Breast Cancer
According to the Centers for Disease Control (CDC), breast cancer is the second most common form of cancer among women in the United States. The CDC reports that every year, approximately 245,000 American women and 2,200 American men are diagnosed with breast cancer. Furthermore, the estimated number of deaths from breast cancer in the United States every year is approximately 41,000 women and 460 men.
Early detection is critical to breast cancer treatment and success. Because the symptoms of breast cancer differ from one person to the next — and some people do not exhibit any symptoms at all — proper testing by doctors is important. Medical professionals use tests such as mammograms and biopsies to detect breast cancer.
But not all doctors are diligent in testing, and some fail to order the tests altogether. In some situations, the test is ordered but the radiologist or another healthcare professional misreads the results, which results in a delay in diagnosis. When a diagnosis of breast cancer is delayed or misdiagnosed, it has a negative impact on the patient’s course of treatment as well as their chance of survival. Medical malpractice lawyers at Berger & Lagnese, LLC fight for Pennsylvania patients whose doctors failed to diagnose breast cancer.
Pennsylvania Statute Of Limitations For Failure To Diagnose Breast Cancer Medical Malpractice Claims
Individual states establish their own legal deadlines for filing civil claims in the state’s court system. These legal deadlines are known as “statutes of limitations”, and they vary from one state to another depending upon the type of claim that is being filed.
Pennsylvania’s statute of limitations for filing a claim of medical malpractice, such as a failure to diagnose breast cancer, is two years from the time the harm took place. The start of this two-year deadline begins when the patient became aware — or should have been aware in the eyes of the law — that there was a misdiagnosis.
Pennsylvania medical malpractice laws state that a claim may not be filed more than seven years from the time the harm occurred (or from the point in time when the patient was made aware or should have been aware of the physician’s failure to diagnose the cancer). Pennsylvania allows one exception to this seven year timeframe: medical malpractice claims that stem from a foreign object being left inside of a patient.
If you believe that your physician failed to diagnose your breast cancer and want to file a medical malpractice claim for their negligence, be sure that you meet Pennsylvania’s statute of limitations. If you file your claim outside of these legal timeframes, the court will dismiss your case and you will have lost your opportunity to recover any compensation for the harm that you endured.
Understand Your Rights Under Pennsylvania Medical Malpractice Laws For A Failure To Diagnose Breast Cancer
When some form of medical negligence — such as the failure of a doctor to diagnose breast cancer — results in harm to a patient, the injured party is protected under personal injury law. Those who have suffered harm may file a medical malpractice claim in the state’s civil court system, seeking compensation for their losses.
Medical malpractice claims may be filed against doctors, nurses, hospitals, medical workers, medical facilities, or other healthcare professionals. Negligence may be demonstrated by several acts, including a failure to properly test a patient, an omission in care, an error in diagnosis, improper treatment, or a failure to appropriately care for a patient after being discharged.
In order to file a claim of medical malpractice, several elements must be present, including the following:
- Patient’s standard of care was violated
- Injury that was sustained was the result of negligence
- Injury that was sustained resulted in significant damages
If you believe that your doctor failed to appropriately diagnose breast cancer and you are wondering whether you have the basis of a medical malpractice claim, it is in your best interest to consult with a knowledgeable medical malpractice attorney who has demonstrated experience handling this type of claim.
Pittsburgh Medical Malpractice Lawyers Advocate For Those Who Have Been Harmed By A Failure To Diagnose Breast Cancer
Sometimes we go to the doctor when we are sick, in the hopes that our physician will provide a remedy that makes us well again. Other times, we go to the doctor for a well check-up, a preventative measure to make sure that — even though we may feel fine — our bodies are healthy.
Preventative care is a critical component of our health. After all, many diseases and cancers are treatable if they are detected early enough in the disease’s progression. And that is why it is so important that the physicians we entrust with our care are diligent in following all protocols for disease prevention and diagnosis. When cancer is detected at a later stage, the options for treatment and recovery are negatively impacted.
At Berger & Lagnese, LLC, our medical malpractice attorneys are dedicated to fighting on behalf of patients whose doctors failed to diagnose breast cancer.
We advocate for those who face significantly more medical treatments to combat breast cancer, and for those whose prognosis for survival is far from what it could have been had their doctor diagnosed their breast cancer in a timely manner.
Our experienced legal team — attorneys Joshua Berger, Paul Lagnese, and David M. Paul — have each been practicing law for nearly 30 years. We understand the emotions inherent in suffering from a doctor’s negligent actions. Deciding whether to file a claim of medical malpractice for a failure to diagnose breast cancer is an important decision. To help you make the most informed decision in your situation, our firm offers a free confidential case evaluation. One of our skilled medical malpractice attorneys will assess the merits of your claim, explain your rights under the law, review the claims process, and answer your questions.
Schedule an appointment with Berger & Lagnese, LLP today so that you can make the most informed decision regarding your doctor’s failure to diagnose your breast cancer. We serve families in Pittsburgh, Greensburg, Uniontown, Erie, Beaver, Washington, and across western Pennsylvania.