Cervical cancer is one of the leading causes of cancer-related death amongst women in the United States. However, cervical cancer is highly treatable, provided that a doctor or lab detects abnormal cervical cells and cancer in its earliest stages. Most cervical cancer cases are due to either the type 16 or type 18 strain of the human papillomavirus (HPV) according to the World Health Organization.
To combat cervical cancer related to these strains, modern medicine has made significant strides in developing vaccines against HPV and in developing tests such as the Pap test to identify abnormal cells in the cervix.
However, cervical cancer still results in fatalities, often as a consequence of misdiagnosis or delayed diagnosis. Doctors in West Palm Beach must provide their patients with the appropriate level of care as set forth in Fla. Stat. Sec. 766.102(1). This means that doctors should utilize their training and experience to not only properly screen and test a woman for cervical cancer, but also identify irregularities in tests and properly treat a patient. With the increased effectiveness of Pap tests and other screening tools, it is therefore important to consider if your case of cervical cancer could be attributed to negligence. A skilled West Palm Beach cervical cancer misdiagnosis lawyer could help individuals hold negligent doctors accountable. Individuals should contact a qualified cervical cancer attorney that could help them pursue the damages that they deserve.
Importance of Cervical Cancer Screening
Prescreening is a way of detecting abnormal cervical cells including precancerous cervical lesions and early cervical cancers. There are two popular types of cervical cancer screenings.
Cytology-based screening or the Pap test or Pap smear is the first one. The main purpose of the Pap test is to detect abnormal cervical cells that may develop into cervical cancer if not treated.
According to the National Cancer Institute, nearly all cases of cervical cancer are the result of infection with oncogenic, or high-risk, types of HPV. HPV testing detects the presence of certain high-risk strains of HPV infections. HPV testing can detect the common strains of HPV which can cause cell abnormalities.
When a Cervical Cancer Misdiagnosis Constitutes Negligence
Medical malpractice cases in West Palm Beach are grounded in tort theory, and under a traditional negligence case, a person must prove:
- They were owed a duty of care,
- The defendant breached the standard of care
- The person suffered an injury or loss as a result
Florida Statute Section 766.102 provides the basis for medical malpractice, and defines the standard of care as “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” To prove that a cervical cancer misdiagnosis constitutes medical malpractice, a person must prove another doctor or laboratory in the same situation would have reached a different diagnosis or pursued a different course of treatment.
Turning to West Palm Beach Medical Experts
Proving that a doctor departed from the standard of care can be quite challenging, and is perhaps why the Florida Legislature enacted Fla. Stat. Sec 766.104, which requires a lawyer to engage in a thorough review of a case and to determine if there is a good faith basis for medical malpractice before filing a lawsuit. Many West Palm Beach cervical cancer misdiagnosis lawyers will, therefore, turn to a medical expert to assess a patient and their surrounding circumstances to determine if they were the victim of medical malpractice.
Rely on a West Palm Beach Cervical Cancer Misdiagnosis Attorney
An experienced West Palm Beach cervical cancer misdiagnosis lawyer can help you determine if you were the victim of medical malpractice due to a cervical cancer misdiagnosis. An attorney can help whether a doctor or lab failed to diagnose cervical cancer, improperly diagnosed a patient with cervical cancer, or diagnosed another condition.
Contact a cervical cancer misdiagnosis attorney today to learn whether you are entitled to compensation for your medical expenses, lost wages, pain and suffering, or benefits for a loved one who passed away due to cervical cancer. Call today for a free consultation.