What is Medical Malpractice

Medical malpractice is a doctor's failure to perform his work with the same degree of care as a reasonably competent physician in the same area of practice or specialization.  A doctor does not have to be perfect; and he cannot be held liable where he exercises judgment selecting between two accepted courses of action or procedure.  However, where he fails to perform his duties with the same degree of competence as the average physician and the patient suffers injury as a result, a claim can be brought.  Medical malpractice failure to diagnose cancer claims require proof of the following:

1. A deviation from the standard of care.   Another physician must review records and conclude that the doctor failed to do what a reasonably competent  physician would have done.  That may include failure to obtain additional tests, misinterpretation of existing tests or other errors. 
    
2. Proof that the deviation in some significant way altered the patient's opportunity for survival, increased her disability,  or caused additional pain.  If the doctor did err, how did the mistake change what would have occurred.  For example, a misinterpretation of a test 4 weeks before a tumor was diagnosed would not likely be malpractice since that diagnostic delay could not be shown to have altered the patient's condition, a mistake causing a nine month delay in diagnosis may well be medical malpractice. 
   

Howard Gutman is the author of Lung Cancer and Mesothelioma, a review of the medical and legal aspects of lung cancer.  To review material dealing specifically with delayed diagnosis of our lung cancer, go to our sister site: www.lungcancerclaims.com  
 

MEDICAL MALPRACTICE LINKS  

Failure to diagnose cancer, doctor's defenses Malpractice and standard of care
Failure to Detect Lung Cancer claims    Evaluating missed diagnosis of cancer cases article
What is cancer (chapter one from our upcoming book, A Complete Guide to Lung Cancer) 
medical malpractice and standard of care (a journal discussing medical malpractice standards of care including failure to diagnose cancer)
New York medical malpractice claims

medical malpractice lung cancer claims      cancer malpractice statute of limitations               
New York Cancer Malpractice claims         medical malpractice and clinical practice guidelines
New Jersey cancer malpractice claims       medical malpractice liability
Medical malpractice jury instruction          New York Medical malpractice law 
medical malpractice pre-existing cause      workers' compensation doctor liability for malpractice
malpractice and informed consent            lung cancer malpractice claim elements
Delayed diagnosis of cancer Kern article    Cancer pathology claims
Delayed diagnosis of cancer Sign article    Errors in Cancer Diagnosis
delay in diagnosis effect on stage            missed and overlooked diagnosis Butnor article.
 

How to contact us:
Law Offices of Howard A. Gutman,
230 Route 206, Mount Olive, New Jersey 07836
(973) 598-1980, E-mail Howian@aol.com 

keywords: medical malpractice, claim,  attorney, failure to diagnose cancer, negligence, malpractice, delayed diagnosis, standard of care, 
missed diagnosis, New Jersey medical malpractice lawyer, New York medical malpractice lawyer.

About Us
 

Mr. Gutman is the author of Lung cancer and Mesothelioma (2006), a 480 page book which is entering its second edition.  The detailed book reviews chemotherapy, emerging gene therapy, radiation, experimental treatments for lung cancer, and medical malpractice questions.   Mr. Gutman served as a caregiver for a family member with lung cancer, was a member of the board of directors of a leading cancer support group, and is an attorney specializing in lung cancer legal issues.  He combines the intellectual knowledge of someone who handles issues of lung cancer with the personal approach of someone who has dealt with cancer and confronted many of the difficult questions patients and family members confront.  He is also the author of Handling Lung Cancer Claims, Sept. 2008 New Jersey Lawyer Magazine, and Evaluating Missed Diagnosis of Cancer Cases, New Jersey Law Journal.