Failure to diagnose eye cancer is often a form of medical malpractice. If the error causes injury or death to the patient or results in pain and suffering, the patient could have grounds for a medical malpractice lawsuit. If a doctor did not diagnose your condition, an eye cancer misdiagnosis lawyer can help you fight for the compensation you deserve.
The attorneys at Medical Malpractice Help can help you understand the complex malpractice laws that will impact your case. We have a track record of helping victims of medical negligence across the United States recover compensation for their damages. To schedule a free case evaluation with one of our medical malpractice lawyers, call our office today at 855-633-2757.
What Kinds of Eye Cancers Are Commonly Misdiagnosed?
Eye cancer comes in many forms, some of which often masquerade as less-serious conditions. For this reason, eye cancer ranks high among the various types of cancer for misdiagnosis.
Though mostly known for causing skin cancer, melanoma can also develop inside the eye and is, in fact, the most common form of eye cancer. It occurs when cells called melanocytes begin to divide uncontrollably.
Intraocular lymphoma begins in the eyeball and is often difficult to detect. Lymphomas that form in the eye are generally associated with the central nervous system and are of the non-Hodgkin’s variety.
This is a rare form of eye cancer that begins in the retina and mostly occurs in children.
This type of melanoma forms on the conjunctiva, a membrane lining the eyelid and eyeball. Though it is treatable when found early, if it is left undetected it can spread to the lymph nodes, and from there to organs and other body parts.
Basal and Squamous Cell Carcinoma
Basal and squamous cell carcinomas are common forms of skin cancer. Highly correlated with UV exposure, they can form on any skin area exposed to the sun, including the eyelids. Neither poses a lethal threat if treated early. However, if this type of eye cancer is left to spread, particularly in the eye region, it can cause extensive local damage.
Why Do Doctors Misdiagnose Eye Cancers?
Given the serious threat cancer poses, doctors have few valid excuses for misdiagnosing cases where evidence of the disease is present. However, we continue to hear from patients who suffered severe complications because of undiagnosed eye cancer.
A doctor could misdiagnose eye cancer if they:
- Fail to detect or recognize a growth or abnormality in or around the eye;
- Fail to correctly read and interpret a medical imaging test;
- Fail to recommend the patient for necessary follow-up testing;
- Fail to listen to and address the patient’s concerns;
- Lose or misplace a patient’s records;
- Fail to administer diagnostic tests properly.
Although the above list covers the most common examples, doctors misdiagnose and fail to diagnose eye cancer for a whole host of reasons. Many of these reasons strongly point to negligence or a failure to uphold a physician’s duty of care.
If you feel your doctor should have diagnosed your eye cancer but did not do so in a timely manner, call the eye cancer misdiagnosis lawyers at Medical Malpractice Help for a free case evaluation. We can help you understand your legal rights and options.
When Is a Doctor Financially Liable for Misdiagnosing Eye Cancer?
To hold a doctor liable for medical malpractice, we have to prove four conditions to be true.
Duty of Care
First, we must show that the doctor had a duty of care to you as a patient. The existence of a doctor-patient relationship serves as evidence of a duty of care.
Breach of Duty
Second, we have to demonstrate a breach of duty on the part of your doctor. We can prove this using the “reasonable person” standard. In other words, would another doctor—with the same education and training and faced with the same situation—have been reasonably expected to diagnose your eye cancer properly? If so, your doctor might have violated the standard of care.
Third, we need to tie the doctor’s breach of duty to an injury that you suffered. In the case of eye cancer, patients often suffer injuries when their cancer continues to grow, which necessitates more extensive and invasive treatment when it is finally discovered.
Fourth, we must list actual damages that you suffered because of your injury. These damages could be economic in nature, such as medical bills, lost wages, reduced earning capacity, and such. They could also be non-economic, which would include pain and suffering, emotional anguish, and loss of enjoyment of life.
How Will a Lawyer Prove a Cancer Misdiagnosis Case?
Chances are good that the doctor will fight any misdiagnosis claims vigorously. If the doctor works for a major hospital or a large medical group, they likely have highly trained and highly paid legal counsel on call.
At Medical Malpractice Help, we are ready for any tactics or methods the defendant uses to call your claim into question. We lean heavily on evidence to show that the doctor did breach their duty of care and, as a result, caused you harm. The evidence we can present in your favor includes:
- Medical records;
- The doctor’s statements;
- Opinions of subsequent treating physicians;
- Expert testimony.
How Can I Talk to an Eye Cancer Misdiagnosis Lawyer About My Case?
The legal team at Medical Malpractice Help wants to help you go after the compensation you deserve.