More than half of all cancer patients receive chemotherapy. Patients who are receiving chemotherapy face risks for developing infection and other injuries such as leakage of the drug into surrounding tissue, use of the wrong chemotherapy drug, and administration of chemotherapy based on an erroneous diagnosis of cancer, which may be serious enough to result in hospitalization or even death.

Injuries related to chemotherapy may give rise to medical malpractice or negligence claims, which can result in high settlements and awards. Patients bring malpractice actions against physicians, but other parties, such as hospitals, nurses, and pharmacists, face potential litigation risks.

Attorneys, physicians, hospitals, insurers, employers, and others at risk for liability should be aware of the types of litigation issues that may arise in connection with a chemotherapy injury.

Arbitration or mediation may be required by contract or statute, may be mandated by the court or, in some circumstances, may be the appropriate method for a negotiated resolution.

The following are reasons why the attorney, physician, insurer, or employer would want to reach settlement, and not take the action to trial.

The following are reasons why the attorney, physician, insurer, or employer would want to take the action to trial.

How much have juries awarded and what settlements have been reached recently in cases involving chemotherapy injury?

This section provides an overview, the terminology used, detailed medical information on chemotherapy treatment, when chemotherapy instead of or in addition to surgery or radiation is used, cancer resistance to chemotherapy, this treatment’s side effects, and the potential injuries resulting from improper chemotherapy treatment such as liver damage from toxicity. This section also mentions the patient’s prognosis and ability to work.

Provided is a listing of law and medical resources for further information on chemotherapy injury.