Yes, patients or their family members may be eligible for a medical malpractice claim if their healthcare provider failed to diagnose their metastatic cancer, leading to injury or death.
Metastatic cancer, also known as stage 4 cancer, occurs when cancer spreads from its original site to distant parts of the body. Early detection and expert care at this stage are crucial for extending life expectancy and improving chances of survival.
Without timely intervention, the cancer may continue to spread, affecting multiple organ systems, and may become terminal. These cases are inherently complex, requiring the expertise of experienced medical malpractice attorneys with extensive medical knowledge and a proven track record of success in litigation.
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Common Parts of the Body Where Cancer Metastasizes
Metastasis is the process whereby cancer cells break away from the original tumor, travel through the blood or lymphatic system, and form new tumors in other organs or tissues of the body. Common sites of metastasis include the following:
| Cancer Type | Main Sites of Metastasis |
| Bladder | Bone, liver, lung |
| Breast | Bone, brain, liver, lung |
| Colon | Liver, lung, peritoneum |
| Kidney | Adrenal gland, bone, brain, liver, lung |
| Lung | Adrenal gland, bone, brain, liver, other lung |
| Melanoma | Bone, brain, liver, lung, skin, muscle |
| Ovary | Liver, lung, peritoneum |
| Pancreas | Liver, lung, peritoneum |
| Prostate | Adrenal gland, bone, liver, lung |
| Rectal | Liver, lung, peritoneum |
| Stomach | Liver, lung, peritoneum |
| Thyroid | Bone, liver, lung |
| Uterus | Bone, liver, lung, peritoneum, vagina |
Cancer often metastasizes to vital organs that are crucial for maintaining bodily functions. When these critical organs are affected, it can severely diminish a patient's quality of life and potentially lead to rapid deterioration or death.
Symptoms and How Metastatic Cancer is Diagnosed
General symptoms of metastasis may include extreme fatigue, night sweats, or unexplained weight loss. However, since metastatic cancer spreads to other organs, the symptoms may appear differently according to the specific organ affected.
For example:
| Metastasis Location | Common Symptoms |
| Liver | Bloating, swollen belly, decreased appetite, getting full quickly, jaundice. |
| Bone | Bone pain, fractures |
| Brain | Dizziness, headaches, seizures |
| Lung | Shortness of breath |
The intensity of every symptom may also differ based on the person's health.
Metastatic cancers are diagnosed using a combination of diagnostic tests that an oncologist may recommend. These tests include:
- Biopsy
- Blood tests
- Bone scans
- CT (computed tomography) scans
- MRI (magnetic resonance imaging) scans
- PET (positron emission tomography) scans
- Tumor marker-based tests
- Ultrasound
- X-rays
If any of these tests were not given to you or your loved one, this could be considered medical negligence. Seek prompt advice from a medical malpractice lawyer to understand your legal options.
Why Does Failed Metastatic Cancer Diagnosis Occur?
There are many ways that metastatic cancer may be failed to be diagnosed, including but not limited to:
1. Poor communication
| Failing to report allergies or health history to a physician, or if a physician does not correctly record a medical history or medication list, can lead to failure in diagnosing metastatic cancer. If this information is not shared, warning signs of metastasis may go unheeded. |
2. Failure to order diagnostic tests
| The doctor in charge did not consider the symptoms and failed to order and administer one of the diagnostic tests mentioned above when a reasonably skillful and competent doctor under similar circumstances would have. |
3. Failure to interpret tests correctly
| Problems with technical sample collection, processing, or imaging quality can affect test accuracy. Human error may also occur. For example, a finding may be noticed but cannot be interpreted correctly due to a radiologist's lack of adequate knowledge despite the availability of clinical information. |
Failure to diagnose metastatic cancer often drastically reduces survival rates. For instance, if lung cancer spreads to other parts of the body, the 5-year relative survival rate for non-small cell and small cell cancer is around 9% and 3%, respectively.
Given these statistics, diagnosing metastatic cancer requires utmost diligence and attention. If a misdiagnosis occurs and cancer progresses substantially as a result, patients may consider legal recourse, particularly if the error stemmed from a breach in the standard of care.
How To Prove Negligence in a Failed Diagnosis Case?
With the help of a skilled medical malpractice lawyer, the following four key elements must first be established to hold a medical professional accountable for their errors:
| 1. Duty of Care – Was there an appropriate doctor-patient relationship? |
| 2. Breach of Duty – Did your doctor fail to uphold their legally sworn responsibilities? |
| 3. Causation – Did your doctor’s mistakes directly cause you suffering/injury? |
| 4. Damages – What did these mistakes cost you (medically, financially, emotionally, etc.)? |
After identifying and establishing these elements, one can now initiate a medical malpractice lawsuit. However, proving these elements is not an easy task. It's advisable to hire an experienced trial attorney to guide you through the process. We can assist in gathering evidence, officially filing your case, and negotiating fair compensation for your economic and non-economic damages.
Damages Recoverable for Failed Diagnosis of Metastatic Cancer
A jury can consider various damages, including both economic and non-economic losses, when determining damages awarded in a medical malpractice case involving a failed metastatic cancer diagnosis.
Economic losses include:
- Past lost income
- Future lost income
- Lost earning capacity
- Past & future medical bills
- Rehabilitation and physical therapy
These are typically tangible, documented losses that can be calculated with relative precision. While the non-economic losses are more subjective and may include:
- Physical and/or mental impairment
- Disfigurement
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of spousal services
- Wrongful death
Our skilled metastatic cancer attorneys can thoroughly investigate and present the full scope of your losses to maximize your potential compensation. Visit our recent results page to see some examples of the results we've obtained for our clients.
Get Compensation After a Failed Metastatic Cancer Diagnosis
Our seasoned medical malpractice lawyers can always lend their hand.
Speak to a Metastatic Cancer 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.
