Virginia Cervical Cancer Misdiagnosis Lawyer
The Papanicolaou test, commonly known as a PAP smear is used in the early detection of cervical cancer. Countless women have benefited from this simple test. Although, there are women who are falsely told their PAP smear or other cervical cancer screening are negative. When a misdiagnosis occurs, the cancer cells have time to multiply or even spread.
If your doctor informed you that you did not have cervical cancer and you later found out that you did, you might be entitled to compensation. A misdiagnosis can be a form of medical malpractice for which physicians and other medical professionals must be held accountable. A seasoned Virginia cervical cancer misdiagnosis lawyer could help you to accomplish this. Reach out to a dedicated cervical cancer malpractice attorney today.
The Negligence of a Cervical Cancer Misdiagnosis
Physicians assume liability for their patients when they care for them. They should be making decisions and acting in the same way that another physician in similar circumstances would act. If they do not adhere to the appropriate standard of care, they are guilty of negligence.
If a patient is not harmed due to their negligence, there is not a valid case. However, if the patient is injured and incurs damages, a claim may be warranted. If a Virginia cervical cancer misdiagnosis attorney can show a judge or jury that the plaintiff’s injuries were caused by misdiagnosis and that their damages are valid, compensation will likely be awarded in the case.
Multiple Defendants in a Misdiagnosis Case
In some medical malpractice cases, there can be multiple defendants — for example, a physician, the hospital they work for, laboratory staff, and other care providers like nurses. Under Virginia Code § 8.01-443, joint and several liability apply in these cases.
Each party could be legally responsible for the damages awarded to the plaintiff. Unlike other states, the degree to which each party is at fault does not matter.
Settlements
A cervical cancer misdiagnosis lawyer in Virginia could potentially settle the case prior to going to trial. Settlements are sometimes beneficial as they can end the case sooner and decrease the amount of legal fees each party may have to pay.
If an individual defendant wishes to settle with the plaintiff, they are no longer responsible for contributing to the amount awarded by the jury. The liability of the non-settling defendant(s) is decreased by the other defendant’s settlement amount.
Potential for Plaintiff Liability
The term contributory negligence refers to actions that the plaintiff did or did not take that potentially contributed to the harm that they suffer. Perhaps they waited too long to go to the doctor or did not report all of their symptoms truthfully.
Virginia is rather strict when it comes to contributory negligence; if the plaintiff is found by a jury or a judge to be any degree responsible for their injuries, they cannot recover damages from the defendant(s). It is imperative that plaintiffs discuss their case in full with their cervical cancer misdiagnosis attorney to determine any liability they may have.
Talk to a Virginia Cervical Cancer Misdiagnosis Attorney Today
Cervical cancer misdiagnosis can lead to pain, lost wages, a change in your relationships, and even death. You deserve compensation for your damages. To potentially receive compensation, you must file a case in civil court.
This process can be overwhelming, especially while trying to recover from health problems or while still seeking treatments. Let a knowledgeable Virginia cervical cancer misdiagnosis lawyer go to work for you. Call today for a case evaluation.
