When a doctor misdiagnoses or fails to diagnose gallbladder cancer, it can be considered medical malpractice. This is especially true if a more careful and diligent physician would have made the correct diagnosis. A patient who suffers injury or harm from a cancer misdiagnosis can sue the offending doctor and collect compensation. A gallbladder cancer misdiagnosis lawyer can help a potential plaintiff fight for damages.
If your doctor misdiagnosed your gallbladder cancer or failed to diagnose it when you first came to them with symptoms, you might have grounds for a medical malpractice lawsuit. An attorney from Medical Malpractice Help can help you try to recover damages. We offer free initial consultations and case reviews. One of our medical malpractice lawyers will review your case, answer all your questions, and go over your options. To schedule an appointment right away, call us today at 800-916-7333.
Should My Doctor Have Diagnosed My Gallbladder Cancer Correctly?
Gallbladder cancer is commonly associated with misdiagnosis and delayed diagnosis because its symptoms overlap with so many other conditions. Your doctor has a duty of care, however, to investigate all of the potential causes of your symptoms that are reasonably possible—especially those with life-or-death consequences, such as cancer.
If you presented certain symptoms to your doctor, and your doctor failed to look at gallbladder cancer as a potential culprit, you could have a strong case. Common symptoms of gallbladder cancer include:
- Abdominal pain that is often centered in the upper-right corner of the abdomen;
- Excessive bloating;
- Jaundice, which often shows up as yellowing of the skin and the whites of the eyes;
- Nausea and stomach discomfort;
- Unexplained and unintentional weight loss.
How Should a Doctor Diagnose Gallbladder Cancer?
If you report any of these symptoms, your doctor has a duty to investigate by ordering specific tests to check for this condition. Most physicians would use one or more of the following tools to diagnose gallbladder cancer.
A complete blood workup offers insight into your gallbladder and a myriad of other body systems and functions. These tests help doctors narrow down the cause of any worrying symptoms. Your liver numbers in a blood test can help your doctor zero in on a possible cause, such as gallbladder cancer.
If a doctor has reason to suspect gallbladder cancer, they should order one or more imaging tests to create pictures of your gallbladder and the area surrounding it. These images can reveal the presence of a tumor or growth that might signify cancer.
Imaging tests capable of detecting gallbladder cancer include:
- CT scans;
A doctor who fails to recognize common symptoms of this type of cancer and fails to order appropriate diagnostic testing could have committed medical negligence. If medical negligence leads to a patient injury, it is medical malpractice. We can investigate your case and determine if malpractice occurred. If so, we will help you fight for fair compensation for your injuries.
Do I Have a Medical Malpractice Case Against My Doctor for Gallbladder Cancer Misdiagnosis?
A medical malpractice case has four critical elements. We must establish all of them as true before we pursue your case.
Your Doctor Owed You a Duty of Care.
The first element of a medical malpractice case is the easiest to establish. We must show that your doctor had a duty of care to you as a patient. The fact that they are your doctor indicates a doctor-patient relationship, which establishes a duty of care.
Your Doctor Breached Their Duty.
To show that your doctor breached the duty of care owed to you, we apply the “reasonable person” standard. This standard compares your doctor’s actions to those of a hypothetical doctor who has the same education and training and is in the same situation. If the other doctor could reasonably be expected to make the proper diagnosis, then your doctor potentially violated the standard of care.
You Suffered Injury as a Result of Your Doctor’s Breach.
The next element involves showing that your doctor’s breach of duty caused you to suffer an injury. In the event of a gallbladder cancer misdiagnosis, we can usually show that your doctor’s negligence caused your cancer to develop more than it should have. That necessitated more invasive and more expensive treatment methods to rid your body of it.
You Incurred Damages Because of Your Injuries.
The final element requires us to show that your injuries resulted in damages. Damages in a medical malpractice lawsuit can be economic—such as medical bills, lost wages, and reduced earning capacity—or non-economic—including pain and suffering, loss of enjoyment of life, and emotional anguish.
In most states, we can recover the full extent of economic damages you incurred. However, in some states, there are limits on damage awards for non-economic losses. Our legal team will fight for the maximum compensation you are eligible for based on the laws of your state.
How Can I Schedule a Free Case Evaluation With a Gallbladder Cancer Misdiagnosis Attorney?
At Medical Malpractice Help, our gallbladder cancer misdiagnosis lawyers are ready to start working on your case right away. Come in for a free consultation and case evaluation to have all your questions answered. We can explain if you might have a valid case and discuss your legal options for pursuing damages against the doctor who caused you harm.