When a family calls our firm asking questions about medical malpractice and failure to diagnose cancer, there are certain factors our medical malpractice lawyers use to evaluate these cases, including failure to recognize symptoms, a tumor, the time interval of when the doctor should have made the diagnosis and when they actually did, and whether that would have made a difference in the outcome. If you believe you or a loved one has been a victim of malpractice because of a delayed cancer diagnosis, it is critical to consult a medical malpractice lawyer as soon as possible.

Call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation to learn more about your legal rights and options for seeking justice and maximum compensation.

What Is Failure to Diagnose Cancer and How Does It Related to Malpractice?

Failure to diagnose cancer occurs when a healthcare provider fails to identify or misdiagnose a cancerous condition. Cancer is often treatable if caught early, but if a diagnosis is delayed or incorrect, it can significantly affect a patient’s chances of recovery or survival. In a medical malpractice context, a healthcare provider can be held liable if they fail to diagnose cancer in a timely manner and their negligence causes harm to the patient.

Malpractice lawsuits typically arise when a medical professional deviates from the standard of care, which is the level of care that other professionals in the field would reasonably provide under similar circumstances. In the case of cancer, the standard of care might involve performing routine screenings, accurately interpreting diagnostic tests, and properly following up on any suspicious findings. A failure to meet this standard can lead to a lawsuit if the delay in diagnosis results in harm to the patient, such as the spread of cancer or reduced chances of survival.

What Are the Common Causes of a Failure to Diagnose Cancer?

There are several factors that can lead to a failure to diagnose cancer, and they vary depending on the type of cancer and the specifics of the case. Some of the most common causes include:

  • Missed or misinterpreted tests: Diagnostic tests, such as mammograms, CT scans, or biopsies, can sometimes be misread by medical professionals. If a radiologist, pathologist, or other healthcare provider fails to interpret the results correctly, it can lead to a delayed or missed cancer diagnosis.
  • Failure to order appropriate tests: A doctor may fail to order necessary diagnostic tests or follow up on abnormal symptoms. For example, a patient presenting with unusual pain or a lump may not receive the appropriate imaging or biopsy to investigate further.
  • Communication breakdown: Miscommunication between healthcare providers or patients can lead to a failure to properly investigate or act on a suspicious diagnosis. For instance, if a test result is not communicated to the patient or is overlooked by a healthcare provider, the necessary treatment might be delayed.
  • Patient-related factors: Sometimes, patients may not report symptoms or may delay seeking medical attention. In these cases, while the healthcare provider is not directly responsible for the failure to diagnose, the delay in diagnosis may still lead to a malpractice claim if it is found that a different course of action could have led to an earlier diagnosis.
  • Failure to follow up: A doctor may fail to schedule follow-up appointments to monitor for signs of cancer, even after an initial test or screening suggests the need for further evaluation. If the doctor neglects to take this necessary action, it can contribute to a missed diagnosis.

What Are the Legal Elements Needed to Prove Malpractice?

To succeed in a medical malpractice lawsuit for failure to diagnose cancer, a plaintiff must prove several key legal elements:

  • Duty of care: The plaintiff must establish that the healthcare provider owed them a duty of care. This is typically clear in a doctor-patient relationship, where the doctor has an obligation to provide the standard of care in diagnosing and treating medical conditions.
  • Breach of duty: The plaintiff must prove that the healthcare provider breached their duty by failing to meet the standard of care. This could involve misinterpreting test results, failing to order appropriate tests, or neglecting to follow up on symptoms. Expert testimony from another medical professional is often necessary to demonstrate what the standard of care should have been.
  • Causation: The plaintiff must prove that the healthcare provider’s breach of duty directly caused harm. In cancer diagnosis cases, this means showing that the failure to diagnose cancer resulted in the cancer worsening or spreading, reducing the patient’s chances of recovery or survival. Expert medical testimony can be crucial in establishing this link.
  • Damages: Finally, the plaintiff must show that they suffered harm as a result of the delayed or missed diagnosis. This could include medical costs, additional treatments, pain and suffering, or loss of life expectancy. If the cancer has progressed to an advanced stage or if the patient has experienced irreversible damage, the damages can be substantial.

What Should a Patient Do If They Suspect a Failure to Diagnose?

If a patient suspects that a failure to diagnose cancer has occurred, there are several steps they can take:

  • Seek a second opinion: If a cancer diagnosis is missed or delayed, seeking a second opinion from another healthcare provider is essential. A different doctor may catch the condition early and provide a more accurate diagnosis.
  • Request medical records: Patients should request copies of their medical records to review the diagnostic tests, reports, and treatment plans that were provided. These records can help determine whether the healthcare provider failed to act according to the standard of care.
  • Consult with a malpractice attorney: If a missed cancer diagnosis appears to have caused harm, patients may want to consult with a medical malpractice attorney. An attorney with experience in cancer misdiagnosis cases can help evaluate the claim, gather expert testimony, and assist in filing a lawsuit if appropriate.
  • Document symptoms and communication: Recording symptoms, doctor visits, test results, and communication with healthcare providers can help prove a failure to diagnose cancer. This documentation can serve as evidence in a malpractice case.

Why Choose Shapiro, Washburn & Sharp?

At Shapiro, Washburn & Sharp, we have decades of experience representing clients in medical malpractice cases. As a trusted medical malpractice law firm, we are committed to holding negligent doctors and healthcare providers accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.

Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.