If a brain tumor exists and it goes undiagnosed, it will always end up causing some neurological disorder. In the majority of cases, the victim will suffer seizures. At this point, the medical community will investigate what caused the seizure. If it’s determined that it is a brain tumor, then the question becomes, did the medical community have the opportunity, a window of opportunity, sometime earlier to do something about it? In these situations, the victim and their families should consult a medical malpractice lawyer to determine their legal options.

If you have suffered harm or lost a loved one due to failure to diagnose a brain tumor, call Shapiro, Washburn & Sharp at 833-997-1774 for a free and confidential consultation. We will examine all circumstances to determine whether medical negligence was involved.

What Are the Legal Options if a Doctor Fails to Diagnose a Brain Tumor?

If a doctor fails to diagnose a brain tumor, patients may have legal options under the realm of medical malpractice. In such cases, the patient must prove that the doctor’s failure to diagnose the tumor led to harm that could have been avoided with timely diagnosis and treatment. The patient would need to establish that the doctor was negligent in performing their duties by failing to meet the standard of care expected of a reasonable physician in similar circumstances.

Legal options could include filing a medical malpractice lawsuit to seek compensation for damages such as medical expenses, lost wages, pain and suffering, and future medical costs. However, to succeed in a malpractice claim, it’s essential to show that the doctor’s negligence directly contributed to the worsening of the brain tumor or the patient’s inability to receive timely treatment.

What Does a Medical Malpractice Lawsuit for a Missed Brain Tumor Diagnosis Involve?

A medical malpractice lawsuit for a missed brain tumor diagnosis typically involves several key steps:

  • Proving negligence: The patient (or their legal representative) must show that the doctor’s failure to diagnose the tumor breached the duty of care. This requires demonstrating that a competent doctor in the same field would have diagnosed the tumor given the same symptoms and circumstances.
  • Establishing causation: The patient must show that the failure to diagnose the tumor caused harm, such as allowing the tumor to grow unchecked or delaying treatment that could have potentially improved the prognosis.
  • Gathering evidence: Experts in the medical field, such as neurologists, oncologists, or radiologists, are often brought in to testify whether the failure to diagnose the tumor constitutes negligence. Medical records, imaging results, and symptom histories are critical in demonstrating the missed diagnosis and its effects.
  • Damages: If negligence is proven, the patient may be entitled to damages. These could include compensation for physical pain, emotional distress, medical bills, lost income, and, in some cases, punitive damages if the doctor’s conduct was egregiously negligent.

Can I Sue a Doctor for Failing to Diagnose a Brain Tumor if I Didn’t Experience Symptoms Right Away?

Yes, it is still possible to pursue legal action even if symptoms didn’t manifest immediately after the initial consultation. In these cases, the key issue is whether the doctor’s failure to diagnose the brain tumor within a reasonable time frame contributed to worsened health outcomes or increased treatment difficulty.

The discovery rule in some jurisdictions, including Virginia, allows the statute of limitations for filing a medical malpractice lawsuit to be extended if the injury or negligence was not immediately apparent. For instance, if a patient did not show symptoms or the symptoms were mild or misattributed to another condition, the statute of limitations may start from the time the tumor was actually discovered or diagnosed.

However, it’s important to note that there are still time limits within which a malpractice suit must be filed, and each case may vary based on the specifics of the diagnosis and treatment timeline.

What Challenges Do Patients Face in Filing a Legal Claim for a Missed Brain Tumor Diagnosis?

Filing a legal claim for a missed brain tumor diagnosis can be challenging for several reasons:

  • Proving negligence: One of the most significant hurdles is demonstrating that the doctor’s actions fell below the accepted standard of care. This often requires expert medical testimony to show that another competent doctor would have made the diagnosis.
  • Causation issues: Even if the doctor was negligent in failing to diagnose the tumor, the patient must prove that this failure directly caused harm. In some cases, if the tumor was diagnosed late but still treatable, it might be more difficult to establish that the delay was responsible for worsened health or a poorer outcome.
  • Expert testimony: Since medical malpractice claims require specialized knowledge, expert testimony from doctors and specialists in the relevant field is necessary. Finding a qualified expert to testify and establish negligence can be a costly and time-consuming process.
  • Statute of limitations: Every state has a statute of limitations for filing medical malpractice lawsuits, which may be shorter for cases involving missed diagnoses. If the patient misses this deadline, they may lose their ability to sue, even if they later discover that the failure to diagnose led to serious harm.

Why Choose Shapiro, Washburn & Sharp?

At Shapiro, Washburn & Sharp, we have decades of experience representing clients in medical malpractice cases. As a trusted medical malpractice law firm, we are committed to holding negligent doctors and healthcare providers accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.

Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.