Cancer is a serious illness and one of the leading causes of death throughout the country. When people are diagnosed with cancer, they trust that their treating physician will provide care that is adequate and appropriate to treat their disease. Unfortunately, oncologists do not always diagnose or treat patients in a manner that comports with the standard of care. If you suffered harm due to negligent care provided by your oncologist, a skilled Cape Cod medical malpractice lawyer can outline your options for seeking compensation. The attorneys of the Law Offices of John C. Manoog, III, have been representing local residents in medical negligence and other injury claims for over 150 years collectively. We are mindful of the devastating effects that negligent care provided by an oncologist can have on your physical and emotional health, and will work diligently to help you seek the full amount of damages you may be owed. We have recovered numerous multimillion-dollar verdicts and settlements on behalf of our clients.Examples of Oncology Malpractice
An oncologist is a doctor who specializes in diagnosing and treating cancer. While oncology is a complicated field, oncologists are nonetheless required to treat patients in a manner that meets the accepted standard of care. There are several ways in which an oncologist may provide care the falls short of the accepted standard. A common example of inadequate care is the failure to accurately diagnose cancer in a timely manner. A delayed diagnosis not only postpones the treatment of the cancer, but it allows the cancer to spread, which makes the cancer more harmful and harder to treat and potentially fatal.
Even if cancer is diagnosed in an acceptable timeframe, an oncologist can nonetheless harm a patient by providing care that is inappropriate. In some cases, a treatment regimen prescribed by an oncologist may not be sufficient to treat the cancer. In other instances, an aggressive treatment may fail to take into account other illnesses or conditions affecting the patient, and may adversely affect the patient’s health. An oncologist may also harm a patient’s health by failing to order appropriate tests both during treatment and after a patient’s cancer has gone into remission.Oncology Malpractice Under Massachusetts Law
Oncology malpractice is a form of negligence associated with the inappropriate treatment of cancer. In Massachusetts, an oncologist or other doctor commits malpractice when he or she breaches a duty owed to a patient, and the patient suffers harm as a result. The duty imposed on an oncologist is to provide treatment that other oncologists in his or her community would provide. This standard of care requires oncologists to possess the skill, learning, and experiences possessed by other members of his or her specialty.
While some examples of oncology malpractice are so straightforward that expert testimony is not needed, in most cases determining whether or not an oncologist’s treatment constitutes malpractice will require an expert to offer an opinion as to the standard of care for treating the specific type of cancer suffered by the patient, and the manner in which the oncologist’s treatment deviated from the standard of care. If you believe you were harmed by negligent care provided by your oncologist, it is in your best interest to retain a knowledgeable medical malpractice attorney to assist you in your pursuit of damages from the responsible party.Compensation for Oncology Malpractice
If you successfully show that you were harmed by oncology malpractice you may be able to recoup both economic and noneconomic damages. Economic damages include the cost of treatment for any illnesses or injuries caused by your negligent treatment. If you were unable to work due to the harm caused by your negligent treatment, you may also be able to recover damages for your loss of earning capacity.
Noneconomic damages include compensation for any pain and suffering you sustained due to the malpractice. Massachusetts imposes a cap of $500,000 on damages for pain and suffering in medical malpractice cases, unless the injured party can show he or she suffered a substantial or permanent loss or impairment of a bodily function or substantial disfigurement. The cap may also be lifted in cases where the injured party can show other special circumstances in which applying the cap would deprive him or her of a fair result.Retain a Skilled Oncology Malpractice Lawyer in Cape Cod
In most cases, an early diagnoses and appropriate treatment plan will provide a cancer patient with the best chance of recovery. If you were harmed or lost a love one due to a delayed cancer diagnosis or inappropriate treatment following diagnosis, it is in your best interest to consult a skilled medical malpractice attorney as soon as possible. At the Law Offices of John C. Manoog, III our legal team has a record of obtaining favorable settlements and verdicts for our clients. We will aggressively pursue the full extent of damages you may be owed. We represent parties in Cape Cod and are also available for consultations in Hyannis and Plymouth. You can contact us at 888-262-6664 or through our online form to schedule a meeting. Nós Falamos Português.