Yes, patients or their family members may be eligible for a medical malpractice claim if their healthcare provider failed to diagnose their metastatic cancer, leading to injury or death.
Metastatic cancer, also known as stage 4 cancer, occurs when cancer spreads from its original site to distant parts of the body. Early detection and expert care at this stage are crucial for extending life expectancy and improving chances of survival.
Without timely intervention, the cancer may continue to spread, affecting multiple organ systems, and may become terminal. These cases are inherently complex, requiring the expertise of experienced medical malpractice attorneys with extensive medical knowledge and a proven track record of success in litigation.
Were You a Victim of a Failed Diagnosis of Metastatic Cancer?
Contact us to understand your legal options (free consultation).
Yes, you may have a case if:
- A doctor or hospital failed to diagnose your cancer in a timely way, falling below the accepted standard for your symptoms and test results.
- That delay let the cancer grow or spread to other organs (metastasis), so that treatment options became more limited, aggressive, or less effective.
- Medical evidence shows that earlier diagnosis would have allowed for earlier surgery, less toxic therapy, or better long-term survival than the options available after metastasis.
Common Parts of the Body Where Cancer Metastasizes
Metastasis is the process whereby cancer cells break away from the original tumor, travel through the blood or lymphatic system, and form new tumors in other organs or tissues of the body. Common sites of metastasis include the following:
| Cancer Type | Main Sites of Metastasis |
| Bladder | Bone, liver, lung |
| Breast | Bone, brain, liver, lung |
| Colon | Liver, lung, peritoneum |
| Kidney | Adrenal gland, bone, brain, liver, lung |
| Lung | Adrenal gland, bone, brain, liver, other lung |
| Melanoma | Bone, brain, liver, lung, skin, muscle |
| Ovary | Liver, lung, peritoneum |
| Pancreas | Liver, lung, peritoneum |
| Prostate | Adrenal gland, bone, liver, lung |
| Rectal | Liver, lung, peritoneum |
| Stomach | Liver, lung, peritoneum |
| Thyroid | Bone, liver, lung |
| Uterus | Bone, liver, lung, peritoneum, vagina |
Cancer often metastasizes to vital organs that are crucial for maintaining bodily functions. When these critical organs are affected, it can severely diminish a patient's quality of life and potentially lead to rapid deterioration or death.
Symptoms and How Metastatic Cancer is Diagnosed
General symptoms of metastasis may include extreme fatigue, night sweats, or unexplained weight loss. However, since metastatic cancer spreads to other organs, the symptoms may appear differently according to the specific organ affected.
For example:
| Metastasis Location | Common Symptoms |
|---|---|
| Liver | Bloating, swollen belly, decreased appetite, getting full quickly, jaundice |
| Bones | Bone pain, fractures |
| Brain | Dizziness, headaches, seizures |
| Lung | Shortness of breath |
The intensity of every symptom may also differ based on the person's health.
Metastatic cancers are diagnosed using a combination of diagnostic tests that an oncologist may recommend. These tests include:
- Biopsy
- Blood tests
- Bone scans
- CT (computed tomography) scans
- MRI (magnetic resonance imaging) scans
- PET (positron emission tomography) scans
- Tumor marker-based tests
- Ultrasound
- X-rays
If any of these tests were not given to you or your loved one, this could be considered medical negligence. Seek prompt advice from a medical malpractice lawyer to understand your legal options.
When failure to diagnose metastatic cancer is malpractice
A failure to diagnose cancer claim must establish three core elements:
1. Duty and breach of standard of care
The provider owed a duty to the patient (i.e., a doctor-patient relationship existed). That provider failed to act as a reasonably competent physician in the same specialty would have under similar circumstances (e.g., failed to order a mammogram, colonoscopy, or follow up on an abnormal test).
2. Causation
The delay in diagnosis directly caused harm: the cancer progressed to a more advanced stage (including metastasis) or became less treatable than it would have been with earlier detection.
3. Damages
The patient suffered actual harm, such as:
- More aggressive treatment (e.g., chemotherapy instead of surgery alone)
- Reduced chance of cure or longer survival
- Additional pain and suffering, lost income, or higher medical costs
Metastatic cancer does not automatically mean a stronger or weaker case; the focus is on whether the delay changed the treatment window and prognosis.
Why Does Failed Metastatic Cancer Diagnosis Occur?
There are many ways where failure to diagnose metastatic cancer can occur, including but not limited to:
1. Poor communication
Failing to report allergies or health history to a physician, or if a physician does not correctly record a medical history or medication list, can lead to failure in diagnosing metastatic cancer. If this information is not shared, warning signs of metastasis may go unheeded.
2. Failure to order diagnostic tests
The doctor in charge did not consider the symptoms and failed to order and administer one of the diagnostic tests mentioned above when a reasonably skillful and competent doctor under similar circumstances would have.
3. Failure to interpret tests correctly
Problems with technical sample collection, processing, or imaging quality can affect test accuracy. Human error may also occur. For example, a finding may be noticed but cannot be interpreted correctly due to a radiologist's lack of adequate knowledge despite the availability of clinical information.
Failure to diagnose metastatic cancer often drastically reduces survival rates. For instance, if lung cancer spreads to other parts of the body, the 5-year relative survival rate for non-small cell and small cell cancer is around 9% and 3%, respectively.
Given these statistics, diagnosing metastatic cancer requires utmost diligence and attention. If a misdiagnosis occurs and cancer progresses substantially as a result, patients may consider legal recourse, particularly if the error stemmed from a breach in the standard of care.
How metastasis affects causation and damages
In a metastatic cancer case, the legal analysis turns on how the delay changed the patient's medical reality:
Lost treatment window
For many cancers, early-stage disease is treatable with surgery or localized therapy, while metastatic disease usually requires systemic therapy (chemotherapy, immunotherapy, targeted drugs) and may be incurable. A malpractice claim hinges on proving that, had the diagnosis occurred earlier, the cancer would have been operable or confined, and the patient would have had a better chance of long-term control or cure.
Causation in plain language
The patient must show that the provider's negligence (e.g., ignoring symptoms or not ordering a biopsy) directly led to:
- The cancer spreading to distant sites
- A downgrade in treatment options (e.g., from curative to palliative intent)
- A measurable reduction in survival probability or quality of life
Impact on damages
Damages are greater when the delay converts:
- A potentially curable cancer into a metastatic, life-limiting illness
- Less invasive treatment (e.g., lumpectomy) into more aggressive therapy (e.g., mastectomy, chemotherapy, or radiation)
- Shorter life expectancy, higher medical bills, and greater pain and suffering
Even if the cancer was already metastatic at the time of accurate diagnosis, a claim may still exist if earlier diagnosis would have allowed treatment for lower metastatic burden (e.g., oligometastatic disease) and improved survival.
Common failure points
Cancer misdiagnosis cases often involve one or more of these preventable breakdowns:
Missed imaging follow-up
A radiologist flags a suspicious nodule, mass, or lesion on X-ray, CT, MRI, or mammogram, but the referring physician fails to act on the report or inform the patient. Example: A lung nodule noted on a chest X-ray is not tracked or followed with a repeat scan or CT.
Abnormal results not escalated
Abnormal lab tests (elevated tumor markers, abnormal blood counts, or liver enzymes) are not investigated further or not communicated to the patient. Example: A colonoscopy biopsy shows dysplasia or early cancer, but the patient is told "it's nothing serious" and no treatment is ordered.
Biopsy delays or misinterpretation
A necessary biopsy is delayed for months, or pathology results are misinterpreted as benign when cancer is present. Example: A skin lesion or mass is biopsied, but the pathology report is read as "benign" when it should have been classified as malignant.
Referral delays
A primary care provider or urgent care clinician fails to refer a patient with red-flag symptoms (e.g., unexplained weight loss, persistent pain, bleeding, or lumps) to a specialist in a timely manner. Example: Gastrointestinal symptoms are treated as IBS, but a colonoscopy is delayed for months despite ongoing bleeding.
Symptom dismissal
Cancer symptoms (e.g., persistent cough, new headaches, abdominal pain, or fatigue) are repeatedly attributed to benign conditions (e.g., "stress," "GERD," "hemorrhoids") without diagnostic testing.
How To Prove Negligence in a Failed Diagnosis Case?
With the help of a skilled medical malpractice lawyer, the following four key elements must first be established to hold a medical professional accountable for their errors:
- Duty of Care – Was there an appropriate doctor-patient relationship?
- Breach of Duty – Did your doctor fail to uphold their legally sworn responsibilities?
- Causation – Did your doctor's mistakes directly cause you suffering/injury?
- Damages – What did these mistakes cost you (medically, financially, emotionally, etc.)?
After identifying and establishing these elements, one can now initiate a medical malpractice lawsuit. However, proving these elements is not an easy task. It's advisable to hire an experienced trial attorney to guide you through the process. We can assist in gathering evidence, officially filing your case, and negotiating fair compensation for your economic and non-economic damages.
What you must prove
To succeed in a cancer misdiagnosis case, the plaintiff must prove:
1. Duty of care
A doctor-patient relationship existed, and the provider owed the patient a duty to meet the applicable standard of care for that specialty and condition.
2. Breach of standard of care
The provider failed to order appropriate tests, delayed necessary referrals, misread or failed to follow up on test results, or otherwise departed from accepted medical practice for a patient with those symptoms and risk factors.
3. Causation
The misdiagnosis or delay directly caused the cancer to progress to a more advanced or metastatic stage, and earlier diagnosis would have led to earlier treatment that would have improved the patient's outcome (prognosis, survival, or treatment options).
4. Damages
The patient suffered quantifiable harm, including:
- More aggressive or invasive treatment
- Reduced chance of cure or survival
- Pain and suffering, disability, lost wages, and higher medical bills
An expert opinion from an oncologist or relevant specialist is almost always required to establish causation and the effect of the delay on prognosis.
What records to gather
Early evidence collection is critical. Advise the client to obtain and preserve:
Clinical records
Office notes from primary care and any specialists for the period covering the initial symptoms and delayed diagnosis. Nursing notes, triage records, and emergency department records.
Diagnostic reports
All imaging reports (X-ray, CT, MRI, ultrasound, mammogram, PET, bone scan) and any disc copies or images. Pathology reports for all biopsies and tissue specimens. Lab results (blood work, tumor markers, genetic testing).
Communication records
Any patient portals, emails, or letters from providers about test results or referrals. Notes or recordings (if legally permitted) of conversations with doctors about symptoms and recommendations.
Treatment records
Oncology notes, treatment plans, chemotherapy records, surgical reports, and radiation therapy records. Prognosis statements and survival estimates from the treating oncologist.
Supporting documents
Pay stubs, employer letters, or tax returns to document lost wages and time off work. Bills for medical care, prescriptions, travel, home care, and durable medical equipment.
Keep copies of all records and avoid altering or annotating the originals.
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Damages Recoverable for Failed Diagnosis of Metastatic Cancer
A jury can consider various damages, including both economic and non-economic losses, when determining damages awarded in a medical malpractice case involving a failed metastatic cancer diagnosis.
Economic losses include:
- Past lost income
- Future lost income
- Lost earning capacity
- Past & future medical bills
- Rehabilitation and physical therapy
These are typically tangible, documented losses that can be calculated with relative precision. While the non-economic losses are more subjective and may include:
- Physical and/or mental impairment
- Disfigurement
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of spousal services
- Wrongful death
Our skilled metastatic cancer attorneys can thoroughly investigate and present the full scope of your losses to maximize your potential compensation. View the results we've achieved for previous clients and learn more about how we can help with your case.
Next steps if you suspect negligence
If you suspect that your metastatic cancer resulted from a delayed diagnosis:
1. Secure all medical records
Obtain complete records from every provider involved in the period from symptom onset through the accurate cancer diagnosis and metastasis finding.
2. Consult a medical malpractice attorney
Choose a firm with experience in cancer misdiagnosis and access to medical experts who can review the records and opine on standard of care and causation.
3. Meet the statute of limitations
Time limits vary by state. In many jurisdictions, the clock starts when you knew or should have known of the misdiagnosis, but there are often hard deadlines measured from the date of the negligent act. Early consultation with an attorney is critical to preserve your rights.
4. Preserve evidence
Do not delete patient portal messages, emails, or voicemails related to the care. Keep any notes, diaries, or calendars where symptoms or missed appointments were recorded.
FAQs: Cancer Misdiagnosis and Metastatic Disease
Can I sue my doctor for not finding cancer / delayed cancer diagnosis?
Yes, you can sue for a delayed or missed cancer diagnosis if:
- A doctor or hospital failed to meet the accepted standard of care (for example, by not ordering necessary tests, ignoring abnormal results, or delaying a referral)
- That failure caused the diagnosis to be delayed, allowing the cancer to progress to a more advanced or metastatic stage
- The delay worsened your treatment options or prognosis compared to what would have been available with earlier diagnosis
Simply having advanced cancer does not by itself create a claim; the critical question is whether earlier diagnosis would have changed the outcome.
How do you prove a cancer misdiagnosis case?
To prove a cancer misdiagnosis case, you must show:
1. Duty and breach: That a doctor-patient relationship existed. That the provider failed to act as a competent physician in the same specialty would have, given the patient's symptoms and test results (e.g., by not ordering a colonoscopy for rectal bleeding or a mammogram for a palpable lump).
2. Causation: That the delay in diagnosis directly allowed the cancer to progress to a more advanced stage (including metastasis), and that earlier diagnosis would have led to earlier treatment that would have improved the patient's outcome (e.g., survival, function, or treatment intensity).
3. Damages: That the patient suffered measurable harm, such as:
- More aggressive treatment (e.g., chemotherapy instead of surgery alone)
- Reduced chance of cure or longer survival
- Additional pain and suffering, lost wages, and higher medical bills
An expert opinion from an oncologist, surgeon, or radiologist is typically required to establish causation and the effect of the delay on prognosis.
Does it matter that the cancer was already incurable or metastatic?
Yes, but the case does not automatically fail just because the cancer was metastatic or likely incurable at the time of diagnosis.
Key question: The critical issue is whether earlier diagnosis would have changed the treatment plan and prognosis, not whether the cancer was ultimately curable.
When a claim can still exist: If earlier diagnosis would have allowed:
- Treatment at an earlier stage (e.g., localized vs. widespread disease)
- A more effective regimen (e.g., curative-intent surgery instead of palliative chemotherapy)
- Treatment for oligometastatic disease rather than widespread metastases, which can improve survival and quality of life
If the delay replaced a better chance of longer survival or better quality of life with a poorer outlook, a malpractice claim may still be viable.
When causation is harder: If medical evidence shows the cancer was already widespread and would have required the same aggressive treatment regardless of when it was diagnosed, causation may be harder to prove. Expert testimony is essential to explain whether the window for better treatment was lost because of the delay.
Get Compensation After a Failed Metastatic Cancer Diagnosis
Our seasoned medical malpractice lawyers can always lend their hand.
Speak to a Metastatic Cancer Lawyer Today
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.
We operate on a contingency basis, meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or email us at info@porterlawteam.com to schedule a consultation.
