There is a tragic fact underlying many misdiagnosis cases here in Ann Arbor and across the United States. That is that some victims do not live long enough to hold a negligent physician accountable for failing to live up to the standards of the profession. However, a victim in one recent case is working with her legal counsel to try to tell her side of the story while she still can.

The case comes from the southern part of the country. The victim is a woman who is in the late stages of throat cancer; the disease has affected her speech and is expected to deprive her of that ability altogether. She is preparing to sue her doctor for his failure to diagnose cancer in her case.

One problem, however, is the matter of her testimony. There is a reasonable fear that by the time a complaint can be filed and her deposition taken, she will be unable to speak at all. With legal representation, however, she is seeking to complete her deposition for testimony immediately, in anticipation of the yet-to-be-filed complaint.

Whenever a failure to diagnose a particular disease leads to a patient’s worsened condition, it’s painful to think back to that initial diagnosis and wonder if it all could have gone differently. Patients who are victims of this kind of medical malpractice, however, should be honest in examining their losses and their pain and suffering as they consider whether to pursue legal action. These and other factors may all be considered in determining potential compensation.

Compensation obtained through a lawsuit cannot undo the damage of a failure to diagnose. But to some extent, it can help protect against financial instability for victims and their families during a difficult time.

Source: The West Virginia Record, “Woman files suit to take deposition early in likely throat cancer case,” Annie Cosby, Nov. 4, 2014