You may be able to sue for misdiagnosed or late-diagnosed thyroid cancer if all of the following are true:
- A provider-patient relationship existed with the clinician who missed or delayed the diagnosis.
- The provider breached the accepted standard of care, such as by:
- Failing to order a thyroid ultrasound when a nodule, neck mass, or red-flag symptoms were present.
- Ignoring or not following up on ultrasound reports describing suspicious nodules (solid hypoechoic, irregular margins, microcalcifications, taller-than-wide) that met criteria for fine-needle aspiration (FNA) under American Thyroid Association and TIRADS-type systems.
- Delaying or never arranging an FNA biopsy or endocrinology/ENT referral despite abnormal imaging or rising concern.
- Failing to act on abnormal laboratory tests (e.g., TSH) or failing to repeat/compare imaging over time when guidelines call for surveillance.
- Because of that delay, the cancer progressed from a more limited, more curable stage to regional or distant disease, or required more extensive surgery, radioactive iodine, or systemic therapy than would likely have been necessary with timely diagnosis.
- You suffered measurable damages (additional treatment, permanent thyroid hormone dependence, complications, decreased survival odds, or greater pain and suffering).
In most cases, you must bring your claim within 2½ years of when you knew or reasonably should have known of the malpractice, and never more than 7 years from the negligent act.
In some cases, victims can sue if they've been diagnosed with thyroid cancer late due to the negligence of their healthcare provider. This is known as a medical malpractice claim. It's worth noting that various personal and systemic factors contribute to the delayed diagnosis of cancer.
Thyroid cancer, when left untreated, will progress and can spread to other organs. Failing to detect this cancer early effectively puts a patient's health in jeopardy. Some types of thyroid cancer progress slowly and may take years to show initial symptoms. One specific type of thyroid cancer (anaplastic thyroid cancer) is notably the most aggressive, with symptoms presenting themselves within weeks or months.
When a late thyroid cancer diagnosis may be malpractice
A delayed cancer diagnosis becomes malpractice only when the care fell below what a reasonably prudent provider in that specialty would have done and the delay caused a worse outcome.
Common potentially negligent departures in thyroid cancer cases include:
- Not documenting or investigating a palpable thyroid nodule or persistent neck mass with targeted ultrasound.
- Disregarding ultrasound features that guidelines link with malignancy and failing to order FNA once size/sonographic thresholds are met.
- Not communicating critical or "suspicious for malignancy" imaging or pathology results, or failing to ensure appropriate follow-up.
- Not referring to endocrinology, surgery, or oncology when the case is outside the clinician's expertise.
Plaintiffs must usually present expert medical testimony to establish the standard of care, identify specific departures, and explain how earlier diagnosis would have materially improved the prognosis or treatment burden. If you believe your thyroid cancer was diagnosed too late, don't hesitate to seek legal guidance from our experienced cancer attorneys. We offer free, no-obligation consultations, and we can guarantee that all information shared will remain confidential.
How Quickly Does Thyroid Cancer Progress?
Thyroid cancer's progression generally depends on the specific type of the disease. Other factors such as age, stage of the disease, and extent of spread also impact the disease's development. Considering its various types, the progression of thyroid cancer is as follows:
Papillary thyroid cancer (PTC): This is the most common type, accounting for about 80% of cases. PTC generally grows slowly and has an excellent prognosis, with a 10-year survival rate of over 90%.
Follicular thyroid cancer (FTC): The second most common type, FTC also tends to grow slowly. The 10-year survival rate is slightly lower than PTC but still over 90% in most cases.
Medullary thyroid cancer (MTC): Accounting for about 4% of thyroid cancers, MTC is more aggressive than PTC and FTC. It tends to grow and spread more quickly. The 10-year survival rate is around 80% if caught early but drops significantly if the cancer has spread.
Anaplastic thyroid cancer (ATC): This is the rarest but most aggressive form of thyroid cancer. ATC grows and spreads rapidly, often within weeks or months. The prognosis is poor, with a median survival of about 6 months after diagnosis.
While some types of cancer offer a very positive trajectory, one type stands out because of the risk that it poses. Let's look at the per-stage survival rate of various types of thyroid cancer.
| STAGE | 5-Year Relative Survival Rate | PTC | FTC | MTC | ATC |
|---|---|---|---|---|---|
| Localized (Stage 1 or 2) | 99.5% | 99.5% | 99.5% | 39% | |
| Regional (Stage 3) | 99% | 98% | 92% | 11% | |
| Distant (Stage 4) | 74% | 67% | 43% | 4% |
Naturally, survival rates decline when the disease is caught at later stages. These figures are tangible insights as to why delayed diagnoses made by negligent healthcare providers warrant further legal action.
Common ways thyroid cancer diagnosis is delayed
Below are typical patterns you can map directly to "what a reasonable provider should have done" under current thyroid nodule and cancer guidelines:
1. Palpable neck lump, no ultrasound ordered
Scenario: Patient reports a new or enlarging neck lump, hoarseness, or dysphagia; clinician attributes it to infection or reflux for months without ordering any imaging.
Reasonable care: Perform focused neck exam and order high-resolution thyroid/neck ultrasound to characterize any nodule and cervical lymph nodes.
2. Suspicious thyroid nodule on ultrasound, no FNA or referral
Scenario: Ultrasound documents a solid hypoechoic nodule ≥1 cm with irregular margins, microcalcifications, or taller-than-wide shape, but no FNA, repeat imaging, or specialist referral occurs.
Reasonable care: Arrange ultrasound-guided FNA when ATA/TIRADS criteria for biopsy are met and refer to endocrinology or surgery as needed.
3. Abnormal pathology report not acted on
Scenario: FNA cytology is "suspicious for malignancy" or "follicular neoplasm," yet there is no timely surgical consultation or additional diagnostic work-up.
Reasonable care: Communicate results to the patient, document discussion, and make timely referral for lobectomy/thyroidectomy or further evaluation consistent with Bethesda and ATA recommendations.
4. Negative or "benign" nodule, no follow-up imaging despite growth
Scenario: Initial FNA is benign, but the nodule enlarges over years; clinicians do not repeat ultrasound or reconsider biopsy despite size change or new suspicious features.
Reasonable care: Repeat ultrasound at 12-24 months for benign nodules and re-biopsy or refer if there is significant growth or more suspicious morphology.
5. Abnormal cross-sectional imaging outside the thyroid, no follow-up
Scenario: A CT, MRI, or PET scan done for other reasons notes a suspicious thyroid nodule or cervical lymph node; no one communicates or follows up on that incidental finding.
Reasonable care: Notify the patient about the incidental abnormality and arrange targeted thyroid ultrasound and further work-up per nodule guidelines.
6. Persistent symptoms after "reassuring" tests, no reconsideration of diagnosis
Scenario: Patient continues to have neck fullness, hoarseness, or trouble swallowing, but providers repeatedly treat presumed benign conditions without revisiting thyroid cancer in the differential.
Reasonable care: Reassess the working diagnosis, consider thyroid malignancy, and repeat imaging, biopsy, or specialist referral when symptoms persist or progress.
Not every delay is negligent; where imaging and cytology were timely and reasonably interpreted, courts often find no breach even if cancer surfaced later.
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What Can Be Confused for Thyroid Cancer?
Like most other cancers, the initial symptoms of thyroid cancer are vague and non-exclusive. Because of this, negligent healthcare providers may be led to believe that an affected patient is suffering from a less severe condition.
Some of the earliest symptoms of thyroid cancer include:
- A lump in the neck, sometimes growing quickly
- Swelling in the neck
- Pain in the front of the neck, sometimes going up to the ears
- Hoarseness or other voice changes that do not go away
- Trouble swallowing
- Trouble breathing
- A constant cough that is not due to a cold
Seek medical attention as soon as these symptoms present themselves. However, getting checked up does not mean that your doctor would identify your cancer right away. This is another example of medical malpractice you can take legal action against. Doctors must always recognize the need for thyroid cancer screening tests, making early detection possible.
Otherwise, without screening, they might dismiss your thyroid cancer for the following:
| CONDITIONS | SIMILARITIES |
|---|---|
| Goiter | An enlarged thyroid gland can cause a visible lump or swelling in the neck. |
| Thyroid nodules | These are solid or fluid-filled lumps in the thyroid gland, which are usually benign. |
| Thyroiditis | Inflammation of the thyroid gland can cause swelling, pain, and tenderness in the neck. |
| Laryngitis | Inflammation of the voice box (larynx) can cause hoarseness, voice changes, and a persistent cough. |
| Lymphadenopathy | Swollen lymph nodes in the neck can be caused by infections, such as the common cold, flu, or mononucleosis. |
What you must prove and what records to collect
Malpractice checklist: legal elements
To recover for delayed thyroid cancer diagnosis, a plaintiff typically must prove:
- Duty: A provider-patient relationship with the defendant (PCP, endocrinologist, radiologist, surgeon, etc.).
- Breach of standard of care: Through expert testimony, that the defendant failed to do what a reasonably competent specialist would have done (e.g., not ordering ultrasound/FNA, misreading imaging, failing to warn or refer).
- Causation (including "loss of chance"): That earlier diagnosis would have provided a substantial possibility of cure or a meaningfully better outcome, and that the delay reduced survival odds, required more radical treatment, or increased complications.
- Damages: Physical injury, reduced life expectancy, additional surgery or radiation, financial losses, and pain and suffering attributable to the delayed diagnosis.
"Loss of chance" allows recovery when negligence significantly diminishes the chance of survival or cure, even if cure was never guaranteed.
Causation in thyroid cancer delays
Differentiated thyroid cancers (papillary and follicular) often have excellent outcomes when localized, with 5-year survival around 98% overall, but prognosis worsens with distant metastases, older age, and aggressive histologic subtype.
Recent SEER-based work and other studies show:
- Local and regional papillary thyroid cancers have very high long-term survival, while distant-stage disease shows much lower survival and shorter median survival times (e.g., stage IVC with median survival under a year in untreated cohorts).
- For follicular thyroid cancer, nodule size, widely invasive histology, and presence of distant metastasis are independent predictors of poorer prognosis, particularly when metastasis is present at diagnosis.
In litigation, experts often compare the likely stage and treatment if the nodule had been appropriately worked up at the first opportunity with the stage and treatment actually present at diagnosis, to show that a negligent delay allowed progression.
What evidence matters most (records checklist)
Key records to obtain and analyze include:
- Thyroid and neck ultrasound reports (all dates, including "incidental" findings on vascular or soft-tissue scans).
- FNA biopsy and surgical pathology reports, including Bethesda categories and histologic subtype.
- Radiology (CT, MRI, PET) reports that mention thyroid nodules, neck masses, or metastatic patterns.
- Primary-care, endocrinology, ENT, and oncology office notes documenting complaints, physical exam findings, assessment, and plan.
- Referral notes and consultation letters showing when specialists were (or were not) involved.
- Lab history: TSH and other thyroid function tests, tumor markers (e.g., thyroglobulin in follow-up), and documentation of abnormal results.
- Chronological imaging and lab timeline that shows when abnormalities first appeared versus when definitive diagnosis occurred.
- Hospital records (ER visits, admissions) where neck symptoms or incidental nodules were noted.
- Any written or portal communications about test results and recommended follow-up.
These materials allow retained experts to reconstruct the natural history of the patient's disease, compare it to guideline-concordant care, and opine on breach and causation.
Treatment Options and Annual Spending
Treatment options for thyroid cancer generally depend on the type and stage of the disease. Some of the conventional treatments for thyroid cancer include:
- Surgery
- Radioiodine Therapy
- Thyroid Hormone Therapy
- External Beam Radiation Therapy
- Chemotherapy
- Targeted Drug Therapy
In more advanced cases of cancer, multiple complementary treatments may be prescribed. The goal of treatment may be to destroy as much of the cancer as possible; and to keep it from growing, spreading, or returning for as long as possible.
Medical bills can quickly pile up when treating cancers. On average, the annual spending of cancer patients (all types considered) in the US is as follows:
| 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 accounted for in all medical malpractice claims. Apart from medical bills, 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 inclusions. Please refer to our previous wins for actual cancer misdiagnosis compensation figures.
Establishing a Claim for Compensation
Four key elements must first be pinpointed and established before any claim is rendered valid. Medical malpractice experts typically work with trusted medical consultants during this initial investigation. These four key elements are:
- 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 responsibilities of your cancer malpractice lawyer include gathering pieces of evidence, officially filing your case, and negotiating for your compensation.
Frequently Asked Questions
How to sue for a delayed diagnosis?
A thyroid cancer delay case generally starts with obtaining complete medical records, having them reviewed by qualified experts, and filing a malpractice complaint within the applicable limitations period. Plaintiffs must provide a certificate or affirmation from a medical expert supporting the claim and then prove duty, breach, causation, and damages through expert testimony and documentary evidence.
How long does it take for thyroid cancer to spread?
Differentiated thyroid cancers are typically slow-growing; many localized papillary tumors remain confined to the thyroid or regional lymph nodes for years, with 5- and 10-year survival rates exceeding 90% when treated. A minority of cases present with or progress to distant metastases (lungs, bone, other organs), and those patients have substantially worse survival and are more likely to experience skeletal-related events or other complications.
What is the life expectancy of a person with thyroid cancer?
Across all types and stages, U.S. 5-year relative survival for thyroid cancer is about 98%, with localized papillary disease approaching the survival of the general population. Life expectancy decreases with older age, distant metastases, and aggressive histologies such as widely invasive follicular and anaplastic thyroid cancers, where median survival can decline to years or even months in advanced untreated disease.
Where is the first place thyroid cancer spreads?
Papillary thyroid carcinoma most commonly spreads first to cervical lymph nodes; nodal metastases are seen in roughly one-third of cases, and lung metastases are the most frequent distant site. Follicular thyroid carcinoma more often spreads hematogenously, with bone and lung as typical first distant sites, and bone metastases are associated with a high rate of skeletal complications and poorer prognosis.
Can I sue for misdiagnosed or late-diagnosed thyroid cancer? Is delay always malpractice?
Patients can sue when negligent misdiagnosis or delay, shown through expert proof of a standard-of-care breach, directly worsens thyroid cancer stage, treatment intensity, or survival chances. Delay is not automatically malpractice; if clinicians acted in line with contemporaneous guidelines and reasonable judgment, courts may find no liability even where cancer later emerges, so each case turns on expert review of the specific timeline and decisions.
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Next Steps for a Free Case Review
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.
