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Recovery of Non-Economic Damages in Delayed Diagnosis of Cancer Cases ( November 1998 )
Physicians in Colorado may be liable for emotional distress damages if they fall below the legal standard of care in failing to aggressively pursue and definitively diagnose symptoms of cancer or other life-threatening diseases in a timely and responsible manner. So long as an increased risk of harm develops from the unchecked growth of cancer [even though the risk is unlikely to materialize], medical malpractice plaintiffs in Colorado have a cause of action for emotional distress resulting from a delayed diagnosis.
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