How Much Is a Cancer Misdiagnosis Wrongful Death Case Worth?

Losing a loved one to cancer is devastating, and even more so when the loss could have been prevented with timely and accurate medical care. If you suspect your family member’s death was due to a cancer misdiagnosis, a Phoenix medical malpractice lawyer can help evaluate your options and seek compensation for your losses.

While no two cases are the same, a close family member may recover compensation ranging from $50,000 to $1 million or more, depending on the circumstances of the case.

No legal process can bring back a loved one lost due to a misdiagnosis or delayed diagnosis of cancer, but a successful medical malpractice wrongful death claim in Arizona brings a family a sense of justice through financial accountability.

What Factors Affect the Outcome of a Cancer Misdiagnosis Wrongful Death Case?

Over 90% of wrongful death claims in Arizona result in a settlement from the at-fault doctor or liable facility’s medical malpractice insurance. Less commonly, the case proceeds to court for litigation arising from a wrongful denial or undervaluation of the claim by the insurance company. In these cases, a jury may decide against the claimant. Still, more often, a jury sympathizes with the grieving family rather than with a powerful insurer, resulting in a favorable verdict and a jury award for their damages. Common factors that affect the recovery in a wrongful death claim include the following:

• The strength of the evidence in the case proving the malpractice, including medical imaging tests, medical expert testimony, and medical records
• The type and severity of the negligence in the case
• The total accounting of the economic impacts of the wrongful death on the family, such as the age of the decedent and whether they were a family provider
• The amount of income and benefits lost to the family
• The non-economic damages in the case, such as the extent of the emotional anguish suffered by the spouse, parent, or child of the decedent

Representation by an experienced Phoenix cancer misdiagnosis lawyer helps maximize the total amount recovered by meeting the burden of evidence in the case to make a compelling claim for the family’s losses.

Does Arizona Cap the Damages In Medical Malpractice Wrongful Death Claims?

Some states limit, or cap, the total amount a claimant can recover for medical malpractice, including in wrongful death cases; however, Arizona has no caps in place for wrongful death. Under Arizona Article 18, Section 31, the law states the following:

“No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person, except that a crime victim is not subject to a claim for damages by a person who is harmed while the person is attempting to engage in, engaging in or fleeing after having engaged in or attempted to engage in conduct that is classified as a felony offense.”

Under this protection, there are no limits placed on a cancer misdiagnosis wrongful death claim, allowing a grieving family to recover the full extent of their damages.

What Can Families Recover in a Cancer Misdiagnosis Wrongful Death Claim?

Eligible claimants, including a spouse, parent, child, or estate representative, can recover compensation for a range of losses, such as:

• Medical expenses related to the misdiagnosis and treatment
• Funeral and burial costs
• Lost income and benefits the decedent would have earned
• Emotional distress, grief, and loss of companionship

A knowledgeable Phoenix medical malpractice attorney ensures families present a compelling claim to recover the maximum damages allowed under Arizona law.