The most frequently committed medical malpractice? That would be misdiagnosis. Sadly, one of the most typical instances of misdiagnosis is skin cancer, which is also one of the most common types of cancer in America. For one thing, there are three main versions of skin cancer, which vary a great deal from one another, and can exhibit any number of symptoms that could be easily missed or mistaken. There could be anything from pigmented to unpigmented cancers, simple blemishes that could mean anything, or skin conditions that strongly resemble acne, eczema, or other non-malignant conditions.

There is basal cell carcinoma, which does not always threaten a person's health, as this does not usually metastasize. Squamous cell carcinomas are more likely to metastasize, but there is still a rather infrequent rate of it doing so. Fortunately, this condition can respond well to treatment. However, if skin cancer gets misdiagnosed, it can be deadly if the missed condition is melanoma. Once this cancer reaches metastasis, survival rates plummet.

A Look at Skin Cancer Diagnosis

As skin cancer's signs can vary so wildly and so easily misdirect a doctor, it is vital to go to a specialist. Your physician should refer you to a dermatologist; trying to diagnose the condition on his or her own without the help of a specialist could be viewed as malpractice. Still, not even specialists such as dermatologists are infallible.

For instance, the biopsy may not involve a sufficiently sized sample, or the pathologist might not read the test results correctly. There could even be a breakdown of communication between the pathologist and the dermatologist, leading the latter to make the wrong diagnosis off a misconstruing of the pathologist report. Sadly, melanoma is the most frequently cited type of misdiagnosis that pathologists are accused of.

How do you prove that misdiagnosis is actual malpractice?

Here is the tricky issue that so often makes it difficult to win a medical malpractice case: it is not enough to prove that there was an error. Those happen frequently, and often innocently enough. In order for an error to be viewed as malpractice, it has to be shown that negligence was committed. Negligence means that a doctor did not act in the way that a reasonably competent doctor would have in similar conditions.

Was the mistake something like the biopsy sample being taken from the wrong site? That seems pretty clear cut. But in most instances of malpractice, you will need the help of a medical expert, someone who can explain:

• What a reasonably competent doctor would have done in your case
• Whether or not the doctor you're suing failed to meet this standard of care

If you can establish that your doctor missed this standard, then you could establish negligence. If you think that you or a loved one has suffered from medical malpractice, find out what your legal rights and options are when you contact a medical malpractice lawyer today!