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Understanding the Lost Chance of Survival Doctrine for Delayed Cancer Diagnoses

Published on Jul 21, 2016 at 7:24 pm in Delayed Diagnosis.

We take many calls concerning medical negligence cases, and we frequently get inquiries from people who claim their doctor delayed in diagnosing their cancer. These cases can be difficult to evaluate for the following reasons:

1) Proximate Cause – Did the delay cause any damage?

2) Burden of Proof – Is there actual proof the diagnosis was missed, such as a radiology study that required follow up?

3) Differing types of cancer have different cure rates, growth rates, etc.

Legally, the biggest issue in a delayed diagnosis cancer case is lost chance of survival. Let’s take a look at some case examples to better understand this concept.

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