Lake Charles Late-Stage Cancer Lawyer

Lake Charles Late-Stage Cancer Attorney

When you relay information about your symptoms to your medical provider, you want to trust them to take reasonable care when considering the cause of your ailments, checking against known diagnoses that may fit the issues you are dealing with. Unfortunately, this does not always happen. This failure is even more serious when the illness is cancer. A Lake Charles late-stage cancer lawyer is essential if you should have been diagnosed and are now facing the consequences of that failure.

Medical providers can act negligently in several ways, leading to a misdiagnosis or failure to diagnose. A lawyer can review your circumstances to determine if your situation qualifies you for a claim.

Lee M. Schwalben, M.D., J.D., LLC: Medical Malpractice Attorney in Lake Charles

Medical providers owe a certain level of care to the individuals they agree to treat. When a provider does not uphold this professional duty of care, they can be held liable for the damages that result. Our team is dedicated to helping individuals and families who have been injured by the carelessness of medical providers in the Lake Charles area.

Healthcare professionals who fail to provide care for their patients should be held accountable. We aim to hold these individuals accountable and recover the financial losses you suffered because of their negligence. Lee M. Schwalben is also an M.D., giving him a unique skill set and understanding of the medical field. These allow him to find an ideal approach to malpractice cases. We want to help you make things right.

The Importance of Early Cancer Diagnosis

Delayed diagnosis can be devastating to an individual for any illness or injury. In the worst-case scenario, a delayed diagnosis of an illness can result in the significant worsening of symptoms, a lowered chance of recovery, and even death. Delayed diagnoses are especially dangerous for cancer patients, as undiagnosed cancers can reach a point when treatment is no longer possible.

An early cancer diagnosis is essential to achieving the ideal outcome of treatment, resulting in higher survival chances and more focused treatment. A late cancer diagnosis allows the cancer to spread, worsen, and be harder to remove and treat.

After a diagnosis of late-stage cancer, many people are facing costly medical bills, painful and long-term treatment, and significant uncertainty about their future. If you brought up symptoms of your illness to medical providers in the past but were ignored or not properly tested, this may point to negligence.

When Is a Delayed Cancer Diagnosis Negligence?

Errors by medical professionals do not always constitute negligence and malpractice. People make mistakes. If a provider’s error is one that anyone in their position with their knowledge and education would have made, then there may be no malpractice case.

However, medical professionals must provide a professional standard of care, which includes considering serious illnesses and ruling them out when determining a diagnosis. A medical provider should listen to a patient’s concerns and order the appropriate tests to diagnose or rule out certain diseases, especially those that can become serious without immediate diagnosis. A failure to do this is likely negligence.

To have a successful malpractice case, you must prove the following elements:

1. The provider owed you a duty of care, meaning there was an established doctor-patient relationship.
2. The provider failed to treat you with a professional standard of care, thus breaching this duty of care.
3. Their failure was what led to the incorrect or delayed diagnosis of your cancer.
4. The worsening of your cancer to late-stage cancer and its related damages were caused by the delayed or inaccurate diagnosis.

Proving each of these elements is complicated, but it is much easier to gather evidence and build your claim with an experienced medical malpractice attorney.

FAQs

Q: Is a Delayed Cancer Diagnosis Malpractice?

A: A delayed cancer diagnosis may be considered medical malpractice in certain circumstances. It may be malpractice if:

• A patient displayed clear symptoms of the type of cancer they were diagnosed with or severe symptoms of any illness, but the necessary tests were not ordered.
• Tests are ordered and taken, but the results are misinterpreted or not reported.
• A medical provider fails to listen to and consider the concerns of a patient, and these ignored concerns lead to a more serious medical situation.

An attorney can look at your unique circumstances to determine if you have a viable claim.

Q: How Much Do Lawyers Take From Settlements in Louisiana?

A: How much a lawyer takes from a settlement in Louisiana will depend on specific factors, including the complexity of the claim and the attorney’s skill. A medical malpractice injury claim is a complex case, which can make the percentage fee much more significant. Attorneys with more skill in medical malpractice claims may also charge a higher percentage, but they might also secure a better settlement for your damages more efficiently. Always discuss contingency fees with your attorney before you hire them.

Q: How Is Pain and Suffering Calculated in Louisiana?

A: Pain and suffering can be calculated in several ways in Louisiana, but it is generally proportional to the following factors:

• How serious your injury is
• How long your injury will affect you
• Whether your injury prevents you from working or engaging in daily activities
• Whether you are permanently disabled by your injury

Several methods are used to calculate pain and suffering damages, and getting the most accurate value is much easier with the help of a skilled attorney.

Q: What Is the Medical Malpractice Cap in Louisiana?

A: The medical malpractice cap in Louisiana is placed on the entire claim, including both economic and non-economic damages. The cap is applicable for each claim by each patient. Injured patients cannot receive more than this amount in a claim, plus interest and cost. This cap also does not include future medical care costs and related damages. An attorney is crucial for calculating what your damages are worth and how to get the ideal scenario to financially support you.

Craft a Strong Medical Malpractice Claim for a Delayed Diagnosis of Late-Stage Cancer

A personal injury claim against a negligent medical provider can recover losses like medical costs, missing income, as well as mental and emotional trauma. While this monetary compensation does not fix the harm you have suffered, it can address your financial losses and hold the medical provider responsible. Contact Lee M. Schwalben, M.D., J.D., LLC, today if you may have a malpractice claim.