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Malpractice Claim in Canada: Delayed Cancer Diagnosis

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According to the Canadian Cancer Society report, cancer will develop in 2 of 5 Canadians and 1 of 4 will die from this disease. 63% of Cancer patients have five years survival rate and it varies according to the type of cancer, a delayed or missed treatment lead to a patient either may miss the opportunity for treatment or even can die.

A delayed cancer diagnosis may increase to a medical malpractice claim. However, this type of claim faces many hurdles that a medical malpractice lawyer and their customers should be aware of.

Earlier diagnosis can save your life

It will not be worthless saying that if a cancer patient is treated early, there is a great possibility of survival. But, if a medical practitioner negligently determines the health of a patient and do not provide proper treatment on time, he/she can be sued for malpractice claim.

Sue for “Loss of Chance” in Canada is not easy

You cannot sue a medical practitioner for the “loss of chance” in Canada as in the United States because a physician’s delayed diagnosis reduces the chances of successful treatment by only 20%. So, the claimant can try to sue for 20% of potential future losses not for all. It is the biggest drawback of Canada.

Moreover, you need a number of Proofs for Cancer Claims. A claimant in Canada has to proof all the likelihoods of missed diagnosis and its definite outcomes, it means that a claimant would probably not have experienced the loss had if he been diagnosed earlier.

Showing Causation

the plaintiff have to proof Causation means that means definite conditions have to be recognized with a balance of probabilities through assessment of legal and medical issues which include:

  • The standard of care required that the patient should have received a cancer diagnosis earlier;
  • Cancer was present when the physician checked up the patient;
  • The patient’s result, most likely(not probably) would have been more positive with the earlier analysis

Defending cancer claims

You alone cannot defend your cancer claim; you may need to get assistance from a medical malpractice lawyer who can help you in presenting your case in such a way that you will get 100% deserving compensation.

Contact a malpractice claim lawyer

If you or your any relative has been badly injured by a medical error, you have lost a loved one as a consequence of any medical negligence; we have experienced lawyers at Wagners who can assist you in your case.

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