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Chicago Medical Malpractice Injury LawyerThe sooner cancer is discovered, the sooner treatment can begin, and the more likely the individual will survive. The American Cancer Society states that when breast cancer is detected in the localized stage, the survival rate is 99 percent. The longer it takes for someone to be diagnosed with cancer, the lower their chances of beating the disease. When it comes to breast cancer, early detection is key. 

If a medical professional's failure to diagnose cancer causes a patient's injury or death, he or she may be liable for damages through a medical malpractice lawsuit.

Detecting Breast Cancer 

There are a number of tests used to detect breast cancer, including mammograms, ultrasounds, and biopsies. Doctors and radiologists must recognize the warning signs of cancer and order the appropriate tests and treatments. 

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Chicago Medical Malpractice LawyerMost people have had one or two negative experiences at a doctor’s office or hospital. Some of these incidents are minor. A rude receptionist may treat a patient callously. A nurse having trouble finding a vein may need to poke a patient multiple times during a blood draw. However, some negative medical experiences are much more severe.

If you received substandard medical care or were the victim of a medical mistake, you may be unsure of whether the situation constitutes medical malpractice. This blog will explain the four main elements of medical malpractice as well as what you can do if you believe you have a potential medical malpractice case.

Medical Malpractice Defined

Not every instance of poor medical care is considered medical malpractice. Medical malpractice occurs when the following four legal elements are present:

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Chicago Reproductive Malpractice Injury LawyerThe recent Netflix documentary Our Father is bringing new attention to an extreme case of reproductive malpractice. The show highlights the history of an Indianapolis-area fertility doctor who impregnated unsuspecting women with his own sperm over the course of several decades. Many of the women were expecting to be impregnated by anonymous sperm donors, but others were expecting the offspring to be with their own husbands. To date, 94 children have been identified. So far, he has only been found guilty on a few counts of obstruction of justice and has escaped criminal prosecution for his actions. Individual lawsuits from some of the affected mothers and children, now middle-aged adults, have been more successful in collecting damages.

Examples of Reproductive Negligence and Malpractice

While this is an extreme example of malpractice, related cases of embryo mistransportation are not unknown. This can include implanting a woman undergoing fertilization treatments with the wrong sperm or eggs. This can lead to a woman unknowingly being impregnated with another couple’s child, having a child with an unknown party, or having a child born with a birth disorder or birth defect that should not have occurred.

Other examples of reproductive malpractice could include:

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Chicago Medical Negligence LawyerDoctors are not magicians; they cannot simply look at someone and know what ails him or her. However, doctors and medical specialists are highly educated professionals who must complete years of training before practicing medicine. Consequently, we generally expect that doctors and other medical professionals will act with a reasonable degree of skill and competence. We assume that if they will take the appropriate steps to diagnose and treat whatever medical condition a patient suffers from.

But what happens when a doctor fails to diagnose a serious condition like cancer? Can failure to diagnose be the basis of a medical malpractice claim?

Early Diagnosis of Cancer is Key to Beating the Disease

The sooner cancer is detected, the sooner treatment can begin. When cancer is recognized early, doctors can start treating the cancer before it has a chance to spread throughout the body. When a cancer diagnosis is delayed, the cancerous cells have more time to spread and the chances of survival decrease. Screening tests like mammography, colonoscopy, CT scans, and blood tests can often detect the signs of cancer. When a doctor fails to order the appropriate tests, a patient may have cancer and not even know it.  

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Chicago Medical Negligence LawyerParents expecting a new baby may feel increasingly anxious as the due date approaches. This concern is understandable. After all, there are nearly countless things that can go wrong during an infant’s birth. Asphyxia, or lack of oxygen, is one of the most common types of birth injuries suffered by newborns. Many different problems can cause a baby to be deprived of oxygen. Sometimes, these problems are the direct result of medical negligence during birth.

Causes of Birth Asphyxia

Babies in the womb receive oxygenated blood through the umbilical cord. When the baby is born, he or she takes his or her first breath and no longer relies on the mother’s blood for oxygen. Unfortunately, many different problems can arise during this transition which deprive the baby of oxygen. The longer the baby’s brain is deprived of oxygen, the worse the consequences.

Birth asphyxia may be caused by:

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