Patients may be eligible to sue medical staff if their testicular cancer is diagnosed late. About 9,760 new cases of testicular cancer are expected to arise in the US by 2024. Over the last decades, the incidence rate of this cancer has steadily increased. It is commonly observed in middle-aged men, with 33 being the average age for initial diagnosis. While testicular cancer is fairly uncommon, about 1 in every 250 males will develop cancer within their lifetime.
Early cancer diagnosis is crucial in defeating cancer. By catching the disease early, patients can get the necessary treatments while the cancer is weaker and hasn't spread to other organs. While some personal (patient errors) and systematic (healthcare errors) factors contribute to late diagnosis, doctors who have performed negligently or poorly may be sued for medical malpractice.
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Similarly, healthcare facilities that have contributed to delayed diagnosis through their organizational mistakes may also be pursued legally. Consult medical malpractice experts in your area if you feel like your diagnosis was mishandled by your healthcare provider.
Key Takeaways
- A delayed or missed diagnosis of testicular cancer can be medical malpractice if a doctor failed to follow the standard of care, and that failure caused the cancer to progress, requiring more aggressive treatment or reducing survival chances.
- Studies show that about 25% of testicular cancer cases are initially misdiagnosed, often as epididymitis, orchitis, or a hydrocele, leading to treatment delays of 3 to 6 months on average.
- Delayed diagnosis is the leading cause of malpractice lawsuits in testicular cancer, accounting for 87.5% of claims. These cases often involve failure to order an ultrasound, misreading imaging, or dismissing a painless lump as "nothing serious."
- In New York, victims of delayed cancer diagnosis can sue for medical malpractice under Lavern's Law, which gives them 2.5 years from the date they discovered (or should have discovered) the misdiagnosis, with a maximum outer limit of 7 years from the date of the error.
- Compensation can include past and future medical bills, lost wages, pain and suffering, and reduced life expectancy, especially if the delay led to chemotherapy, retroperitoneal lymph node dissection, or metastatic disease.
Delayed Diagnosis Claims
A delayed diagnosis of testicular cancer becomes a medical malpractice claim when:
- A doctor or healthcare provider owed a duty of care (doctor-patient relationship).
- The provider breached the standard of care by failing to:
- Perform a proper physical exam of the testicles
- Order a scrotal ultrasound when a lump or swelling was present
- Refer to a urologist or order blood tests (tumor markers) in a timely way
- That breach caused harm, such as:
- Cancer progressing to a higher stage (regional or distant)
- Need for more aggressive treatment (extra chemotherapy, extensive surgery)
- Reduced survival odds or premature death
- The harm resulted in measurable damages, including medical bills, lost income, and pain and suffering.
In New York, these claims are evaluated under the same rules as other cancer misdiagnosis cases, with special protections for delayed cancer diagnosis under Lavern's Law.
How Testicular Cancer Is Missed or Diagnosed Late
Testicular cancer is often missed or diagnosed late because it is relatively rare and its early symptoms can mimic common, benign conditions.
Patient factors:
- Young men (ages 15-44) may ignore a painless lump or swelling, attributing it to injury or infection.
- Embarrassment or fear of cancer may delay seeking care, especially in older men or those without a partner to notice changes.
Healthcare system factors:
- Busy primary care settings may lead to rushed exams or failure to perform a proper testicular exam.
- Lack of access to timely ultrasound or urology referral can delay diagnosis.
- Failure of the urologist to adhere to expected standards of care.
Medical errors:
- Attributing a testicular lump to infection (epididymitis/orchitis) without imaging.
- Misinterpreting ultrasound or CT findings as benign (e.g., hydrocele, varicocele).
- Failing to order or follow up on tumor marker tests (AFP, β-hCG, LDH) when cancer is suspected.
A 2025 study found that a diagnostic delay of more than 53 days from symptom onset was strongly linked to larger tumors, metastases, and the need for second-line chemotherapy, highlighting how quickly outcomes can worsen with delay.
How Often Is Testicular Cancer Misdiagnosed?
A study shows that 1 in every 4 cases of testicular cancer may get a misdiagnosis. It was also found that appropriate treatments are delayed by 3 to 6 months due to misdiagnosis.
Negligent healthcare providers pose an increased risk of missing a cancer diagnosis. In a recent study, it was found that missed cancer diagnoses often stem from errors made by primary physicians.
Common medical errors that cause delay
- Failure to perform a proper physical exam: Not thoroughly examining the testicles, missing a painless lump or asymmetry.
- Misdiagnosing symptoms as infection: Diagnosing epididymitis or orchitis based on pain/swelling alone, without ordering a scrotal ultrasound to rule out cancer.
- Failure to order imaging: Not ordering a scrotal ultrasound when a patient reports a testicular lump, swelling, or heaviness.
- Misreading or ignoring imaging: Radiologists or doctors missing a suspicious mass on ultrasound or CT, or dismissing it as benign.
- Failure to refer to a urologist: Delaying or avoiding referral to a specialist when a testicular abnormality is found.
- Administrative errors: Lost, mixed-up, or delayed lab results or imaging reports that prevent timely diagnosis.
These errors are especially concerning because testicular cancer is highly treatable when caught early, but each month of delay can push the disease into a more advanced, less curable stage.
What Can Be Mistaken for Testicular Cancer?
Without proper screening procedures, testicular cancer may be misdiagnosed as:
| CONDITION | SIMILARITIES |
|---|---|
| Epididymitis | Inflammation of the epididymis, causing testicular pain and swelling. Often due to infections. |
| Orchitis | Testicle inflammation from viral or bacterial infections, leading to pain and swelling. |
| Hydrocele | Painless fluid-filled sac around the testicle causing scrotal swelling. |
| Varicocele | Enlarged scrotal veins, causing heaviness or aching in the testicles. |
| Inguinal Hernia | Abdominal protrusion through a weak groin spot, causing discomfort and a bulge. |
| Spermatocele / Epididymal Cyst | A benign cyst in the epididymis, often painless and mistaken for a tumor. |
| Hematoma / Trauma | Bleeding or bruising after injury, causing swelling and pain that can mimic cancer. |
| Gynecomastia | Enlarged male breast tissue from hormonal imbalances or medications. |
| Precocious Puberty | Early puberty onset in boys due to various factors. |
| Musculoskeletal Pain | Back pain from muscle strain, poor posture, or injuries. |
Because so many conditions mimic testicular cancer, the standard of care requires a scrotal ultrasound and, often, tumor marker testing when a testicular abnormality is found.
Like most other cancers, early symptoms of testicular cancer are vague. While these symptoms typically imply other less severe conditions, doctors must carefully evaluate their patients and prescribe test procedures accordingly.
Some of the earliest symptoms of testicular cancer include:
- Lump/swelling in the testicles (Often the first symptom of testicular cancer. Pain might also arise in some cases.)
- Shortness of breath, chest pains, or coughing blood (indicates spread to the lungs)
- Belly pain (from enlarged lymph nodes or cancer spread to the liver)
- Headaches/disorientation (indicated spread to the brain)
- Heaviness or ache in the lower abdomen
- Breast growth or soreness
- Early puberty in boys
- Lower back pain
Survival Rates for Testicular Cancer
Testicular cancer is a highly treatable disease with an overall 5-year relative survival rate of 95%. The survival rate for this cancer is exceptionally high compared to its other types. Patients who are diagnosed with testicular cancer can look at their trajectory optimistically.
Here's a more simplified version of the per-stage survival rates as provided by Cancer.Net:
| STAGE | 5-Year Relative Survival Rate |
|---|---|
| Localized (Stage 1 or 2) | 99% |
| Regional (Stage 3) | 96% |
| Distant (Stage 4) | 73% |
However, do note that medical malpractice can occur at any point within your cancer journey. Negligent providers/facilities that mishandle any of your treatments may also be held liable for medical malpractice.
Treatment Options and Annual Spending
Treatment options for testicular cancer vary depending on the stage and specific type of the disease. More developed cases may require more aggressive complementary treatments. Some of the conventional treatments for testicular cancers include:
- Surgery
- Radiation Therapy
- Chemotherapy
- High-Dose Chemotherapy and Stem Cell Transplant
With the need for several treatments and prescriptions, medical bills can quickly pile up. When estimating expenses for treating cancer, the National Cancer Institute considers three distinct phases: initial care, continuing care, and end-of-life care. Given limited data on testicular cancer spending, here are the average annual per-patient expenses for cancer treatments in the US:
| Medical Services | Prescription Drugs | |
|---|---|---|
| Initial Care (1st year after diagnosis) | $43,516 | $1,874 |
| Continuing Care (time in between) | $5,518 per year | $1,041 per year |
| End-of-Life Care (last year before passing away) | $109,727 | $4,372 |
All medical expenses (past and future) are considered in a medical malpractice claim. Apart from medical expenses, other economic and non-economic losses are also factored in. Lost income, emotional trauma, and decreased quality of life are some of the more common considerations. For actual compensation figures, please refer to our previous wins.
Why Delayed Diagnosis Is So Dangerous
A delayed diagnosis of testicular cancer is dangerous because this cancer can grow and spread rapidly, turning a highly curable disease into a life-threatening one.
Stage progression:
- Localized (Stage I/II) testicular cancer has a 5-year survival rate of about 99%.
- Regional (Stage III) disease has a 5-year survival rate of about 96%.
- Distant (Stage IV/metastatic) disease has a 5-year survival rate of about 73%.
More aggressive treatment:
- Early-stage cancer often requires only orchiectomy (removal of the testicle), sometimes with limited chemotherapy or radiation.
- Advanced disease typically requires multiple rounds of chemotherapy, retroperitoneal lymph node dissection, and sometimes radiation, with higher risks of long-term side effects.
Long-term complications:
- Chemotherapy can cause infertility, nerve damage, organ damage, and increased risk of secondary cancers.
- Retroperitoneal lymph node dissection can cause nerve damage affecting ejaculation (retrograde ejaculation) and fertility.
Reduced quality of life:
- More extensive treatment, longer recovery, and higher risk of recurrence can significantly impact work, relationships, and mental health.
Because of these risks, courts and juries often view delayed testicular cancer diagnosis as a serious failure of care that can support substantial compensation.
What Evidence Helps Prove Malpractice?
To prove a delayed testicular cancer diagnosis is malpractice, you need strong medical and legal evidence.
Key evidence includes:
- Office notes showing the patient reported a lump, swelling, or pain but no proper exam or imaging was ordered.
- Records where the doctor diagnosed epididymitis, orchitis, or a hydrocele without an ultrasound.
Imaging reports:
- Ultrasound, CT, or MRI reports that show a suspicious mass but were not acted on or were misinterpreted as benign.
Lab results:
- Tumor marker tests (AFP, β-hCG, LDH) that were elevated but not followed up, or were ignored.
Timeline of care:
- A clear record showing when symptoms first appeared, when the patient sought care, when imaging was ordered, and when cancer was finally diagnosed.
Expert testimony:
- A board-certified urologist or oncologist who can testify that:
- A proper exam and ultrasound should have been done earlier
- The delay caused the cancer to progress to a higher stage
- The patient would have had a better outcome with timely diagnosis
Proof of damages:
- Records of chemotherapy, surgery, hospital stays, and complications
- Wage statements and employer letters showing lost income
- Testimony about pain, suffering, and impact on quality of life
An experienced medical malpractice attorney will gather and organize this evidence to build a strong case for compensation.
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Damages and Compensation in Delayed Diagnosis Cases
Victims of a delayed testicular cancer diagnosis may recover substantial compensation for both economic and non-economic losses.
Typical damages include:
Medical expenses:
- Past and future costs of surgery, chemotherapy, radiation, hospital stays, medications, and follow-up care.
Lost income and earning capacity:
- Wages lost during treatment and recovery
- Reduced future earnings if the cancer or treatment limits the ability to work
Pain and suffering:
- Physical pain from more aggressive treatment (chemotherapy, extensive surgery)
- Emotional distress, anxiety, and depression related to the delayed diagnosis and advanced disease
Loss of enjoyment of life:
- Inability to participate in hobbies, sports, or family activities due to treatment side effects or disability.
Reduced life expectancy:
- Compensation for the shortened life span caused by metastatic disease or treatment complications.
Recent settlements and verdicts in similar cancer misdiagnosis cases have ranged from several hundred thousand dollars to multi-million-dollar awards, especially when the delay led to metastatic disease or death.
Filing Deadlines and How Long Do You Have to Sue?
In New York, strict time limits apply to medical malpractice and cancer misdiagnosis claims.
General rule:
- Medical malpractice lawsuits must be filed within 2.5 years (30 months) of the negligent act or omission, or the end of continuous treatment for the same condition.
Lavern's Law (for cancer misdiagnosis):
- For a missed or delayed cancer diagnosis, the clock starts when you discover (or reasonably should have discovered) the misdiagnosis.
- You then have 2.5 years from that discovery date to file, but no later than 7 years from the date of the original misdiagnosis.
Special rules for public hospitals:
- If the claim involves a New York City public hospital or HHC facility, you must file a Notice of Claim within 90 days of the incident, in addition to the 2.5-year statute of limitations.
Wrongful death:
- If the delayed diagnosis led to death, the estate has 2 years from the date of death to file a wrongful death lawsuit.
Because these deadlines are strictly enforced, it is critical to consult a medical malpractice attorney as soon as you suspect a delayed diagnosis.
What to Do If You Suspect a Missed Diagnosis
If you believe your testicular cancer was diagnosed late due to medical negligence, follow this step-by-step plan to protect your rights.
Step-by-Step
1. Get a second opinion:
- See a urologist or oncologist experienced in testicular cancer to confirm the diagnosis and stage.
- Request copies of all imaging (ultrasound, CT, MRI) and lab results (tumor markers).
2. Gather your medical records:
- Obtain complete records from every doctor, hospital, and imaging center involved in your care, starting from when symptoms first appeared.
- Pay special attention to records where a lump, swelling, or pain was reported but no ultrasound or referral was ordered.
3. Document the impact:
- Keep a journal of symptoms, treatments, side effects, and how the illness has affected work, family, and daily life.
- Save pay stubs, tax returns, and employer letters showing lost income.
4. Consult a medical malpractice attorney:
- Contact a lawyer who specializes in cancer misdiagnosis and delayed diagnosis cases.
- Provide them with your records and timeline of events.
5. Act quickly:
- Don't wait to seek legal advice. New York's statute of limitations gives you limited time to file a claim.
Establishing Your Cancer Malpractice Claim
Before filing your claim, an initial investigation is needed to establish your case. Your medical malpractice lawyer would need to establish four key elements during this initial investigation. These key elements include:
- 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?
After this initial investigation, your legal counsel will oversee all official fillings and request any additional pieces of evidence that may be relevant to your case. Your lawyer is also responsible for negotiating compensation with the liable party.
FAQ
Can you sue for a delayed cancer diagnosis?
Yes, you can sue for a delayed cancer diagnosis if the delay was caused by medical negligence. To have a valid claim, you must prove that your doctor or healthcare provider failed to follow the accepted standard of care (such as not ordering necessary tests, misinterpreting results, or failing to refer you to a specialist), and that this failure directly caused your cancer to progress to a more advanced stage, resulting in harm. In New York, Lavern's Law provides special protections for cancer misdiagnosis victims, giving you 2.5 years from when you discovered the misdiagnosis to file a lawsuit, with a maximum of 7 years from the date of the original error.
Is late stage testicular cancer curable?
Yes, late stage testicular cancer can still be curable, though the prognosis depends on how far the cancer has spread. Testicular cancer has one of the highest cure rates among all cancers, even in advanced stages. The 5-year survival rate for localized cancer (Stage I/II) is about 99%, for regional disease (Stage III) it's about 96%, and for distant metastatic disease (Stage IV) it's about 73%. However, late-stage cancer requires more aggressive treatment, including multiple rounds of chemotherapy, retroperitoneal lymph node dissection, and sometimes radiation. These treatments carry higher risks of serious side effects like infertility, nerve damage, and organ damage. Early detection is critical to avoiding these complications and achieving the best possible outcome.
How long can testicular cancer go undetected?
Testicular cancer can go undetected for months or even longer, especially if symptoms are mild or mistaken for benign conditions. Many men delay seeking care because a testicular lump may be painless or they may attribute symptoms to minor injuries or infections. Healthcare errors can further extend the delay when doctors misdiagnose the condition as epididymitis, orchitis, or a hydrocele without ordering a scrotal ultrasound. Studies show that misdiagnosis can delay appropriate treatment by 3 to 6 months on average. A 2025 study found that a diagnostic delay of more than 53 days from symptom onset was strongly linked to larger tumors, metastases, and the need for more intensive treatment. The longer testicular cancer goes undetected, the more likely it is to spread and require aggressive, life-altering treatments.
What is the average settlement for cancer misdiagnosis?
The average settlement for cancer misdiagnosis varies widely depending on the specific circumstances of each case, including the stage at which the cancer was eventually diagnosed, the extent of harm caused by the delay, and whether the delay resulted in reduced survival chances or death. Settlements and verdicts in cancer misdiagnosis cases can range from several hundred thousand dollars to multi-million-dollar awards. Factors that influence the settlement amount include medical expenses (past and future), lost wages and earning capacity, pain and suffering, loss of enjoyment of life, and reduced life expectancy. In testicular cancer cases where a delay led to metastatic disease, extensive chemotherapy, or permanent complications like infertility, compensation can be substantial. Each case is unique, and an experienced medical malpractice attorney can evaluate your specific situation to estimate potential compensation.
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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.
