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Judgment With wrongly diagnosed skin cancer is entitled to compensation
It has often been criticized by experts that there are frequent misdiagnosis of black skin cancer. It is particularly dramatic when a cancer recognized too late leads to death. If this happens, patients or relatives may be entitled to compensation.
Compensation claim for too late diagnosis
Many people are aware that many liver spots or flaky skin can be indications of skin cancer. However, knowledge about other signs is less common. For example, cancer of the foot is usually misjudged and, for example, mistaken for a wound or bruise. It is particularly dramatic when a wrong diagnosis leads to the patient not being treated on time. Affected then have a claim to compensation for pain in some cases.
Skin cancer misdiagnosis leads to the payment of compensation. Image: Miriam Dörr - fotolia Patient died of skin cancer
As the news agency dpa reports, patients are entitled to compensation if their doctor makes a mistake and therefore overlooks a cancer. In a recent ruling with the file number 26 U 63/15 the Higher Regional Court Hamm awarded the husband of a woman who had died of skin cancer, 100,000 euros. The patient is said to have gone to the dermatologist for a discolored toenail. According to the information, she had previously encountered the toe. The physician only detected a bacterial infection at the appointment and did not perform any further dermatological examination or treatment. Another doctor diagnosed a skin cancer one year later, later killing the patient.
Doctor has failed investigations
The judges accused the first doctor of failing to investigate a skin cancer. The fact that the woman had hit the toe, which was an obvious cause of a nail hematoma, changed nothing and did not absolve the defendant from the obligation to carry out the necessary differential diagnosis. The court did not rule out the possibility that the patient, if treated correctly, might have had a chance of recovery. (Ad)