Virginia Cervical Cancer Delayed Diagnosis Lawyer
Deaths and complications from cervical cancer are extremely rare today, thanks to the advanced screening tools available to physicians. As with all cancers, the sooner cervical cancer is diagnosed, the better the outcome.
A delay in diagnosing cervical cancer can lead to more invasive and complicated treatments, pain, greater expense, and the cancerous cells growing and spreading.
If you are a patient who has experienced a delayed diagnosis of cervical cancer, you may feel scared, betrayed, and confused. The good news is that you can do something about your suffering.
A seasoned Virginia cervical cancer delayed diagnosis lawyer could file a claim to seek compensation for all that you have endured.
Determination of Damages in Medical Malpractice
When the jury in a case has sided with the plaintiff, they must determine how much they should receive in damages. To make the determination easier, the judge or jury divides damages into three categories; economic, non-economic, and punitive.
An experienced Virginia cervical cancer delayed diagnosis attorney could help a plaintiff define what their damages are.
Compensable Damages
Economic damages are those that cost money and have put a financial burden on the plaintiff. They can include:
- Medical bills
- Prescriptions
- Lost wages
- Travel expenses
Non-economic damages are often difficult for juries to determine due to their subjective nature. The jury will focus on how much the harm has changed the patient’s life. These damages include:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Lost future wages
- Mental anguish
Punitive Damages
Finally, punitive damages are reserved for cases in which the defendant(s) acted with extreme indifference or willfulness. A judge or jury may assign these damages to punish the defendant(s) and to help deter their behavior in the future.
Cervical Cancer Delayed Diagnosis Damage Caps
Like many other states, Virginia has placed damage caps, or limits on the amount plaintiffs in medical malpractice cases may receive. Damage caps are a part of tort reform which aims to decrease or control the amount that plaintiffs can receive in light of skyrocketing insurance premiums for healthcare workers.
As per Virginia Code § 8.01-581.15, Virginia’s damage caps vary by specific year of the case filing but are generally between two to three million dollars. This state is unique in that the caps do not differentiate between limits damage types but sets a total limit. Plaintiffs should discuss how much they could recover with their cervical cancer delayed diagnosis lawyer in Virginia.
Can Cervical Cancer Delayed Diagnosis Cases Be Settled
As an alternative to going to trial, the plaintiff and defendant may agree to a settlement to end the lawsuit. When determining the settlement, both sides will consider the various types of damages the plaintiff is suffering as well as the current damage caps. Settlements are voluntary for both sides and can save time and money.
Get Help from a Virginia Cervical Cancer Delayed Diagnosis Attorney Today
If you are suffering due to a delay in your diagnosis of cervical cancer, there is legal help available to you. Those that caused your suffering should be held accountable under Virginia law. While filing a lawsuit will not erase what has happened, it can make your life easier going forward.
Get legal help from a compassionate Virginia cervical cancer delayed diagnosis lawyer to find out how much compensation you could receive. Reach out today to receive a case evaluation.
