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.
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.