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Lawsuit against Kaiser for failure to diagnose cancer


Kaiser Permanente is a large healthcare organization that employs hundreds of doctors and nurses. Many people visit the facilities each day for treatment, but many go in for updates and preventative measures. Some individuals go in after suffering odd symptoms, but the doctors do not have an answer for them. In the worst cases, these missed diagnoses turn out to be early signs of cancer, and the patient may gradually or suddenly worsen. It is important that you file a lawsuit against Kaiser Permanente if a doctor failed to diagnose cancer in you or a family member. We at the Downtown LA Law Group will do everything in our power to win you fair compensation for the damages you endured.

How can a doctor fail to diagnose cancer?

Lawsuit against Kaiser for failure to diagnose cancerAlthough doctors are highly trained healthcare professionals, some are not specialists – and still, even oncologists may miss diagnoses and symptoms, or else not follow through with the necessary course of action to protect patients. A doctor can fail to diagnose cancer if he does not conduct the necessary tests to investigate. He may not order CT or CAT scans to see further, and he may not believe a biopsy is necessary. Many doctors at Kaiser Permanente will simply assume that your symptoms are indicative of another issue, but not cancer. Worse, the tests can be ordered, but the results could be misread or misinterpreted. This may happen with inexperienced doctors or with doctors who believe that their initial diagnosis was right and are too stubborn or prideful to go another route. It is also possible that the doctor will not follow up with the patient for some time, which can delay the treatment and cause the cancer to worsen, as some spread rapidly and must be dealt with in a timely manner or the results can be tragic. He may also fail to check the family history to see if anyone else in the family has been similarly affected. This is a crucial miss, as there is the chance that a pattern can be discovered. Radiologists and others may also not know how to read a chart or may make an error, which can cause the doctor to likewise misdiagnose the illness. Some common forms of cancer that are missed include:
  • Leukemia
  • Skin cancer
  • Breast cancer
  • Prostate cancer
  • Stomach cancer
  • Lung cancer
  • Brain cancer
  • Ovarian cancer
If a doctor at Kaiser Permanente fails to diagnose cancer, the results could be drastic. The patient could very well suffer for weeks or months until a second opinion or follow up shows the real issue. He could lose body parts or suffer through extremely painful surgeries or operations. He may have a drastically reduced lifespan as well and may only have weeks to live. In the event that a Kaiser doctor did not diagnose you or a loved one with cancer and you suffered because of it, you should sue for damages.

Learn more about your options for compensation by calling (888) 649-7166.

What should I do to file a lawsuit against the doctor for failing to diagnose cancer?

In order to file a lawsuit against Kaiser for not diagnosing cancer, you must establish that there was negligence on behalf of the doctor. This is slightly different from the basic four points of negligence that all personal injury claims include. Medical malpractice claims require the following:
  • There was an actual doctor/patient relationship established between the two parties, such as being a primary care provider or the doctor that was referred to (simple advice from a doctor who is not treating you or who you are not seeing in an appropriate setting after payment or such cannot be held liable, for example)
  • The doctor must have acted in a negligent manner r behaved differently from the standard (in order to determine this, other medical professionals will be used to establish what the standard procedure would be or what they would have done, and if they agree the doctor acted poorly, he can be found negligent)
  • The negligent actions of the doctor must have led to an injury (in this case, the failure to diagnose the cancer led to the cancer worsening, metastasizing, or becoming more aggressive; it is irrelevant that the condition existed prior to the doctor’s actions)
  • The injury or illness must have caused actual damages (some doctor errors are benign and do not result in real injuries, but a failure to diagnose cancer can be akin to a death sentence in some instances, or it can lead to loss of limbs and other sicknesses)
Failure to Diagnose Attorney | Medical Malpractice LawsuitsDelayed Diagnosis AttorneyMedical Malpractice Lawsuits Once all four of these points have been established, you should then collect your evidence. Proof of the failure to complete a cancer diagnosis can include:
  • Test results
  • Receipts from medical appointments
  • Second opinions from other doctors
  • Photos and notes about injuries and symptoms you suffered after the missed diagnosis
  • Medical expert statements
  • Eyewitness testimonies from people who may have been with you when the diagnosis was ignored or when a doctor glossed over or did not see any cause for trouble
  • Nurse statements
Once you have gathered your evidence, you can come to a lawyer who can sue Kaiser for missing a cancer diagnosis. We will put your claim fully together, organize your proof, write the demand letter, hire expert witnesses, and make sure that everything is in order. We will deal with the insurance agent and work to negotiate a fair deal for your damages, as well.

What can I win if I sue Kaiser for a failure to diagnose cancer?

The different forms of compensation that you can win from a medical malpractice claim against Kaiser can be enough to cover numerous damages. The value of your case will essentially be determined by the insurance agent responsible for your claim. He will consider many factors and will make an offer based on the impact of the misdiagnosis and how much of an effect it had on your life and career, or the life of another. Bear in mind that the value of a case is largely dependent on the injuries, and no two cases are the same. Our team of medical malpractice attorneys will strive to win you the following damages:
  • Medical expenses from the past and future to cover hospitalization, surgery, treatments, chemotherapy, radiation, physical therapy and rehabilitation, medication, and much more (these damages are not capped)
  • Lost income from the past and future if you had no ability to go to work or if you cannot return in the future because of recovery time or further medical procedures
  • Pain and suffering damages to cover anxiety, fear, PTSD, depression, psychological anguish, emotional scarring, and more (these damages are capped at $250,000, however)
  • Punitive damages, or additional forms of monetary compensation to punish the defendant, specifically if he acted with gross negligence or intended to cause you harm due to prejudice or cruelty (these damages are often viewed as unnecessary and harsh, though, and it is hard for anyone but a skilled lawyer to secure them for a case)
  • Wrongful death damages in the event that a loved one or family member died due to the misdiagnosis, which can result in funeral and burial fees, loss of consortium, loss of expected inheritance, loss of savings and income, loss of relations, pre-death medical bills, pre-death pain and suffering, and more

Learn more about your legal options: call (888) 649-7166 to speak> with a representative now.

Our law firm will do everything in our power to win you the necessary compensation if Kaiser misdiagnosed cancer or missed the diagnosis in the first place. The doctor should be held accountable and the insurance company should be made to pay the damages.

What is the statute of limitations to file a lawsuit against Kaiser for a missed cancer diagnosis?

The statute of limitations is the amount of time you have to take legal action after you have been injured or afflicted in some way. The statute of limitations varies according to the injury and case. In California, medical malpractice claims must be filed within 1 year of the discovery of the injury or cancer misdiagnosis, or within 3 years of the actual injury or cancer misdiagnosis if it was not discovered. There are some situations in which the statute of limitations can be extended, though. For example, if a minor child has a missed cancer diagnosis, the statute is three years from the date of the error. Further, there is the chance that the hospital’s health care provider or even the doctor committed some kind of fraudulent act to hide the mistake, which would further suspend the statute of limitations. Many individuals do not know that there is a timeline during which they can sue, and they are even more surprised when they try to take action and wind up being denied. It is important that you file a lawsuit as quickly as possible to guarantee that you do not miss any deadlines. Our lawyers can ensure that your case is filed with the correct agency well on time.

How to Move Forward

If you wish to file a lawsuit against Kaiser for failing to diagnose cancer, you should come to the Downtown LA Law Group. We have the best doctors available in the area and we will file your medical malpractice claim swiftly and with total accuracy. Our goal is to bring you the maximum settlement allowed under the law, and our aggressive attorneys will stop at nothing to win your claim. Contact our law offices to set up a free legal consultation to discuss your case. We will tell you what we think the value of your claim is and how the legal process works. We also will ensure that you pay no out of pocket fees for our case with the presence of our zero fee guarantee. We will get paid only if we win and the money will come from the settlement from Kaiser. If we lose, we get nothing. Get in touch with the Downtown LA Law Group today if you wish to file a lawsuit because a doctor failed to diagnose cancer.

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