Medical Negligence Lawsuits: Failure to Diagnose Skin Cancer
According to cancer experts, when diagnosed in a timely manner, malignant melanoma (the most deadly of skin cancers) has an almost 100 percent survival rate.
The key is in the early detection and diagnosis.
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According to Wikipedia, melanoma is a malignant tumor of melanocytes or uncontrolled growth of pigment cells which are found predominantly in skin but also in the bowel and the eye. Melanoma is one of the rarer types of skin cancer but causes the majority of skin cancer related deaths.
While other cancers have stabilized or seen a decline, the mortality rate of victims is on the rise. You can blame it on the depleting ozone layer or the failure of primary healthcare providers who do not have the experience to recognize a suspicious mole and order a biopsy. Or you can blame it on HMOs who restrict access to specialists like dermatologists.
According to the American Cancer Society, for patients with localized lesions roughly the thickness of a quarter (coin), the five-year survival rate is 99 percent. By the time a malignant melanoma metastasizes, the prognosis goes down. When malignant melanoma spreads to organs or bones the survival rate drops to 15 percent. About 80 percent of melanomas are diagnosed at a localized stage.
Failure to diagnose skin cancer is considered medical malpractice or medical negligence. When a healthcare provider deviates from accepted standards of practice by causing injury to the patient, this is considered professional gross negligence or medical malpractice.
Every state has a statute of limitations for medical malpractice lawsuits and wrongful death lawsuits.
Pennsylvania: Medical Malpractice – The statute of limitations is 2 years as is for wrongful death lawsuit.
New Jersey: Medical Malpractice - The statute of limitation for filing a wrongful death lawsuit in New Jersey is two years. This is the maximum amount of time that the victim’s family can wait to pursue a wrongful death lawsuit.
West Virginia: Medical Malpractice - Against health care providers, within 2 yrs. of date of act giving rise to injury or within 2 yrs. injury was or should have been discovered; may not file more than 10 yrs. after the date of injury. Wrongful death is 2 years from date of death.
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Ohio: Medical Malpractice - Against health care providers = within 1 yr. of date of injury. If plaintiff gives defendant notice of claim within 1 yr. of date of injury, suit may be brought within 180 days after notice is given; the ability to file a wrongful death lawsuit expires 2 years after date of death.
If your loved one has died because of medical negligence and malignant melanoma, you may be eligible for a lawsuit. You cannot bring your loved one back but you can demand accountability, responsibility, and restitution.
Since 1977, Anapol Schwartz law firm has been advocates for justice for persons in need. How can we help you?
