Last Updated on May 16, 2024

Can I Sue If I've Been Diagnosed with Testicular Cancer Late?

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/poorly may be sued for medical malpractice. 

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.

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. These common errors include:

  • Inaccurate diagnosis of symptoms and test results
  • Failure to order necessary test procedures
  • Failure to refer patients to respective specialists
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What Can Be Mistaken for Testicular Cancer?

Without proper screening procedures, testicular cancer may be misdiagnosed as:

EpididymitisInflammation of the epididymis, causing testicular pain and swelling. Often due to infections.
OrchitisTesticle inflammation from viral or bacterial infections, leading to pain and swelling.
HydrocelePainless fluid-filled sac around the testicle causing scrotal swelling.
VaricoceleEnlarged scrotal veins, causing heaviness or aching in the testicles.
Inguinal HerniaAbdominal protrusion through a weak groin spot, causing discomfort and a bulge.
GynecomastiaEnlarged male breast tissue from hormonal imbalances or medications.
Precocious PubertyEarly puberty onset in boys due to various factors.
Musculoskeletal PainBack pain from muscle strain, poor posture, or injuries.

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:

STAGE5-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:

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 ServicesPrescription Drugs
Initial Care(1st year after diagnosis)$43,516$1,874
Continuing Care(time in between)$5,518
per year
$1,041per 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.

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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.

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 to schedule a consultation.

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 May 16, 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 May 16, 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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