Not Every Cancer Misdiagnosis is Considered Medical Malpractice in Virginia


It might seem pretty straightforward – the doctor misdiagnosed cancer and you are suffering as a result.  You now face an uphill battle as you work to overcome the illness.  Shouldn’t the doctor be liable for medical malpractice? The answer is, not necessarily.

It Might Not Be Medical Malpractice
There is no question that a delay in diagnosing cancer is serious, as early detection is key to improving the chances of survival.  However, just because your doctor didn’t catch the cancer in its early stages, doesn’t mean that you have a cut and dry medical malpractice case in Virginia.  When it comes to cancer, it needs to be proven that your doctor strayed from the standard of care accepted in the medical community. 

Were You Harmed?

To have a case of medical malpractice, you have to show that this deviation from the accepted standard of care caused you harm, or impacted your condition.  Since each cancer is different, one of the factors that is also taken into consideration is the amount of time that lapsed between the misdiagnosis and diagnosis.

Medical Experts Play an Important Role
Medical experts are crucial when it comes to proving a Virginia medical malpractice case.  These experts need to be able to show that the doctor’s actions seriously affected the patient’s medical condition, including the chances of recovery.

Order the Book
You can learn more about medical malpractice lawsuits in the controversial book, Why Most Medical Malpractice Victims Never Recover a Dime.  This book is FREE to Virginia residents.


Ben Glass
Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney
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