Cancer is the leading cause of death in both developed and developing countries. By 2030, it is estimated that the mortality rate for cancer will reach up to 13.1 million annually. Early detection and treatment are most crucial when fighting such diseases.[1] Delayed diagnoses effectively impede all necessary treatments, severely diminishing a patient’s fighting chance.
Patients harmed due to diagnostic lapses may hold negligent doctors liable through a medical malpractice claim.
Doctor Failed to Catch Your Cancer Early?
Reach out to know your legal options. Free non-obligatory consultations for affected families.
What is a Delayed Diagnosis?
A cancer diagnosis may be considered delayed when there is a significant time gap between initial medical screening and actual cancer detection. This allows the disease to progress, making it difficult to treat.
Any delays in diagnosis may be caused by either the patient or the medical providers. In an earlier study, delays in diagnoses generally boil down to patients failing to recognize cancer symptoms; primary care doctors missing warning signs or delayed referrals; and secondary care facing timing issues or incorrect specialty referrals.[1]
Public education on the early symptoms of cancer should be effective in mitigating instances of delayed diagnoses. At the same time, professional medical diligence is a must in protecting the well-being of affected patients.
Can You Sue for Delayed Cancer Diagnosis?
Yes, you can sue for delayed cancer diagnosis if medical negligence can be proven. This requires showing that a healthcare provider failed to meet the standard of care. Some examples of these medical lapses include:
- Failure to order appropriate screening tests despite the patient's age, symptoms, or family history meeting screening criteria;
- Misinterpretation of test results, such as reading mammograms, biopsies, or blood work incorrectly;
- Dismissing persistent symptoms without proper investigation;
- Failing to follow up on abnormal test results or not communicating results to patients;
- Incorrect referrals that cause significant delays in seeing the appropriate specialist;
- Failure to consider cancer despite red flag symptoms (e.g., unexplained weight loss, persistent pain, etc.);
- Failing to take comprehensive patient history, including family history of cancer or known risk factors;
- Laboratory errors such as mixing up patient samples or contaminating biopsy specimens, leading to incorrect diagnosis.
Establishing a Claim Against Cancer Misdiagnosis
To validate a claim, medical malpractice experts collaborate with reliable medical consultants to identify and confirm four key elements during a preliminary investigation. These key elements are as follows:
| Duty of Care – Was there an appropriate doctor-patient relationship? |
| Breach of Duty – Did your doctor perform poorly/negligently based on accepted standards of care? |
| Causation – Did your doctor’s actions/inactions directly cause you harm? |
| Damages – What did these errors cost you? |
Apart from establishing your claim, the cancer malpractice lawyer would also help you navigate all processes and ensure that you receive the maximum compensation possible.
Looking to Sue a Negligent Medical Provider?
We hold negligent parties accountable. Clients don't pay anything unless we win.
Average Settlement for Malpractice Claims
According to the National Practitioner Data Bank, in 2023, medical malpractice cases in New York were settled at about $491,316 on average. However, based on our experience, cases involving cancer misdiagnosis are compensated with much more. For actual compensation figures, please refer to our previous wins.
All medical expenses are accounted for in medical malpractice claims. The National Cancer Institute (NCI) considers three phases when computing lifetime cancer treatments – all provided below. The latest data from NCI gives the following average yearly individual spending for cancer treatments (all sites considered):
| Medical Services | Oral Prescription | |
|---|---|---|
| Initial Care 1st year of diagnosis | $43,516.1 | $1,873.9 |
| Continuing Care every subsequent year | $5,517.6 annually | $1,041.1 annually |
| End-of-Life Care last year before demise | $109,727.3 | $4,372.4 |
Apart from medical expenses, damages such as lost income, pain and suffering, shortened life expectancy, psychological trauma, and diminished quality of life may be considered.
Speak to a Medical Malpractice 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 info@porterlawteam.com to schedule a consultation.
