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Cancer litigation is often pursued when patients suffer physical, mental, and financial harm as a result of a cancer misdiagnosis. The plaintiff, or the patient, alleges that the defendant, or the medical professional, is responsible for the harm sustained. This is also referred to as medical negligence or medical malpractice. In successful cancer litigation, the cancer patient proves that the medical professional failed to meet a certain standard of care that would have prevented the harm that he or she suffered.

Cancer patients who win cancer lawsuits are awarded certain types of damages. Lawsuit damages are primarily classified as economic, non-economic, and punitive. Economic damages aim to compensate victims for financial loss, which may include medical bills and wages lost due to missed work. Non-economic damages measure harm that cannot be quantified, such as loss of overall quality of life. Punitive damages are used to “punish” the defendant for harmful actions and act as a deterrent for other medical professionals.