Last Updated on April 2, 2024

Can You Sue If You Were Diagnosed with Liver Cancer Late?

There are several types of liver cancer, with some being more predominant than others. If your liver cancer was diagnosed later than it should have been by your doctor, you may be eligible to take action.

Here are the primary types of liver cancer (metastatic cancer* and benign tumors** not included), as provided by the American Cancer Society:

  • Intrahepatic cholangiocarcinoma – Cancer develops in parts of the bile ducts within the liver.  Contributes to roughly 10% to 20% of all liver cancer incidents in the US.
  • Angiosarcoma and hemangiosarcoma – Rare instances wherein cancers begin in cells lining the blood vessels of the liver caused by direct exposure to toxic substances. They can also be complications brought on by a hereditary genetic disorder.

Recent estimates by the American Cancer Society expect 41,630 new cases of liver cancer in 2024 – 2,240 of which will be in New York. This means that about 6 individuals in New York will be diagnosed with liver cancer on any given day in 2024.

*Cancer in the liver caused by advanced cancers originating from other organs
**Tumors that grow slowly and does not spread to other parts of the body

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Liver Cancer Misdiagnosis

Liver cancer is the sixth most common cancer in the US. Various factors – including genetics, lifestyle, and environmental factors – can influence an individual's risk of developing liver cancer. Here are some risk factors identified by the National Cancer Institute:

In the context of liver cancer, individuals with such risk factors should be given extra consideration by their doctors. Healthcare providers are guided by standard screening protocols to ensure that the conditions of high-risk patients are closely monitored. Failure to diagnose and prescribe treatments early constitutes medical malpractice.

In a recent study about liver cancer late diagnosis, it was found that nearly 1 in 5 liver cancer patients were diagnosed late by at least three months. This period is enough for the tumor to grow significantly. Researchers found these to be the contributing factors:

Doctors misinterpreting test results
Inaccurate test results
Mismanagement of patient information
Improper screening test execution

These are only some forms of malpractice that could occur throughout your journey. With in-depth investigation, medical malpractice lawyers can accurately pinpoint what malpractices were done, and which professionals can be held liable.

Liver Cancer Staging Guide

There are two prominent staging systems used when describing cancer – both of which you may be familiar with. They are the:

  • TNM System (by the American Joint Committee on Cancer); and the
  • SEER System (by the National Cancer Institute).

TNM System

This system helps healthcare professionals determine prognosis – guiding prescriptions and recommendations. The TNM system considers three factors, each determining the overall stage (0 to 4). These three factors are:

T stands for TumorIt ranges from 0-4. The bigger or more spread out, the higher the rating.
N stands for NodeThis considers the number of lymph nodes within an affected area. Its value varies from 0 to 3 depending on how far it has spread.
M stands for MetastasisIt describes whether the cancer has spread to distant organs. It's only rated as 1 or 0 (yes or no, respectively).

SEER System

This system, on the other hand, is simpler and used primarily for cancer registry reporting and epidemiological studies. It categorizes cancers into five main stages:

In situAbnormal cells are present but have not spread to nearby tissue. Equivalent to Stage 0 in the TNM System
LocalizedCancer is limited to the organ of origin. Equivalent to Stage 1 or 2 in the TNM System.
RegionalCancer has spread to nearby lymph nodes, tissues, or organs. Equivalent to Stage 3 in the TNM System.
DistantCancer has spread to distant parts of the body. Equivalent to Stage 4 in the TNM System.
UnknownFor cases that need further examination

Example of Diagnosis

Say someone with liver cancer was diagnosed with:
            Hepatocellular carcinoma, Stage 3A (T3a, N0, M0)  

What does this mean? Let’s break this sample diagnosis down.

Under the TNM System:
T3a: Multiple tumors, with at least one tumor larger than 5 cm
N0: No regional lymph node metastasis
M0: No distant metastasis
With all these characteristics considered, the final diagnosis that would be provided is STAGE 3A. Number stages can be subdivided further under this system – with subdivisions varying depending on the type of cancer.
Under the SEER System:
With all characteristics considered, this specific case will be categorized as Regional Cancer.

Survival Rates for Liver Cancer

Studying liver cancer incidents from 2013 to 2019, the American Cancer Society provides us with the 5-year relative survival rate* of liver cancer in various stages.

*percentage of patients who are still alive 5 years after their cancer diagnosis

SEER Stage5-Year Relative Survival Rate
Localized37%
Regional14%
Distant4%
All Stages Combined22%

Getting an early diagnosis is the most effective way to beat cancer. Through it, patients can receive treatments immediately. Survival rates plummet when cancers are detected late. As such, professionals involved in medical malpractices must always be held accountable.

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Legal Considerations for Compensation

In New York, 1,154 medical malpractice claims were filed in 2023 alone. These claims were compensated with $500,684 on average. However, this figure also covers minor cases. For more tangible figures, refer to some of our recent wins.

When looking for compensation, all damages incurred by the misdiagnosed patient are considered. Apart from medical bills, victims can also account for emotional damages and lost wages.

Four main elements should be determined before a medical malpractice claim can be established. They are as follows:

Duty of CareIs there an appropriate doctor-patient relationship?
Breach of Duty – How did your doctor fail to uphold their sworn responsibilities?
Causation – Does your doctor’s mistakes directly cause your suffering?
Damages How much did the mistake cost you (emotionally, medically, financially, etc.)?

Your legal counsel will help you gather all relevant evidence for your claim. They can establish your claim after a thorough investigation.

Speak To a Medical Malpractice Lawyer Today

At the Porter Law Group, we make sure that victims of medical malpractice are rightfully compensated. We aim to help families rebuild and recuperate by getting the financial support that they need. You do not need to pay anything unless we win.

If you or a loved one fell victim to cancer misdiagnosis, please reach out for a no-obligation, free consultation. You may also contact us at 833-PORTER9 or info@porterlawteam.com to schedule an appointment.

Other Organizations Supporting People with Liver Cancer

  1. American Liver Foundation (ALF)
    ALF is a national organization with a division serving the Greater New York area specifically. They provide education, support, and research funding for all liver diseases, including liver cancer.
  1. Memorial Sloan Kettering Cancer Center (MSKCC)
    A world-renowned cancer center located in New York City. They provide comprehensive care for liver cancer patients, including research and clinical trials.
  1. Weill Cornell Medicine
    Located in New York City, Weill Cornell Medicine provides expert care for liver cancer patients, including innovative treatments and clinical trials.
  1. NYU Langone Health
    Offers a multidisciplinary liver cancer program, providing personalized care and support services.
  1. Roswell Park Comprehensive Cancer Center
    A nationally recognized cancer center located in Buffalo, NY that provides care and support for liver cancer patients from across the state.
  1. CancerCare
    CancerCare is a national organization with offices in New York, providing free support services – including counseling, education, and financial assistance to liver cancer patients and their families.
  1. Liver Cancer Alliance
    This national organization provides education, support, and advocacy for liver cancer patients and their families, and has resources available for those in New York.
  1. New York Cancer Foundation
    This non-profit organization, based in New York City, provides financial assistance and support services to cancer patients, including those with liver cancer, in the New York metropolitan area.
Written By
Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
Legally Reviewed on March 27, 2024
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Eric C. Nordby on March 27, 2024. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
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