Warnings Signs of Cervical Cancer
Since the 1940s, cervical cancer screening has been available to women thanks to the Pap smear. With the additional advances in science and technology, cervical cancer rates have decreased over the last several decades. Early cervical cancer detection and treatment is ideal and increases the chances of survival and better outcomes for women.
In addition to Pap smear results which can sometimes produce false results, doctors should be examining and listening to the symptoms their patients report. Far too often the warning signs of cervical cancer are ignored and brushed under the rug when a Pap smear comes back with only regular cells detected. If you or a loved one suffered from cervical cancer malpractice, reach out to an experienced lawyer.
Early Cervical Cancer Warning Signs
While the warning signs of cervical cancer can often mimic those of an infection or another gynecological problem, physicians should investigate them carefully. Women should report any of these signs to their physician for further review and testing:
- Having heavier menstrual periods than usual or ones that last longer than usual
- Unusual vaginal discharge
- Pelvic pain
- Bleeding during or after intercourse
- Bleeding after menopause
- Bleeding between periods
- Bleeding following a pelvic exam or douching
Who is Liable in Cervical Cancer Malpractice Lawsuits?
Each cervical cancer case is unique and should be reviewed with a competent attorney with experienced in cancer malpractice. Depending on the circumstances, multiple parties may be named as defendants in the lawsuit and held liable by the judge or jury. Defendants might include:
- Laboratories
- Physicians
- Pathologists
- Laboratory staff
- Employers or affiliated hospitals of any of the above
When the jury renders a verdict for the plaintiff, they must determine the percentage that each defendant is liable. For instance, the attending physician may be found 50 percent at fault, the hospital 25 percent at fault and the pathologist 25 percent at fault.
As per Virginia Code § 8.01-443, defendants are joint and severally liable. If one or more defendants settle their liability to the plaintiff, the amount that they settled for will offset the liability of the other defendant(s).
Plaintiff Liability
It is equally important to note that plaintiffs can be found liable for their actions as well. Unfortunately, in Virginia, if a plaintiff is even one percent liable, they are legally barred from recovery for the damages they have suffered. For example, if a patient in a cervical cancer case ignored the warning signs of cervical cancer and waited to discuss them with their physician, the jury may find them liable.
Settling a Cervical Cancer Case
Sometimes both the plaintiff and the defendant(s) will agree on a settlement amount and settle the case before a trial. Going to trial can be risky, expensive and time-consuming for both sides. By settling they can avoid an emotional or drawn out trial process and the defendant(s) may pay less than they would have if the jury would have decided the case.
Ignored Cervical Cancer Warning Signs
When the warning signs of cervical cancer are ignored based on a negative Pap smear reading, the results can be life-changing or even life-threatening. If you feel like your physician downplayed your symptoms or you suspect a misread Pap smear in your past, consulting with an experienced attorney should be your next step.
An attorney could review your case to determine if your claim has merit. If so, they could file a cervical malpractice case on your behalf seeking compensation for your damages. Preserve your legal rights and options by calling today.
