Compensation for Delayed Cancer Diagnosis

One in every six global deaths is from cancer; making it a leading cause of death in both developed and developing countries. Cancer contributes about 10 million global deaths annually.[1][2]

Delayed diagnosis of cancer effectively delays treatments and allows the disease to progress. This sets patients up for worse chances of survival. Patients harmed due to diagnostic lapses may hold negligent doctors liable (and be compensated) through a medical malpractice claim.

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What Damages are Covered in Claim for Delayed Diagnosis?

In cases of medical malpractice (such as delayed cancer diagnosis), compensation is awarded to harmed patients so that they can return to a healthy state. Apart from financial losses, emotional losses are also factored in – as happiness is also crucial in a patient’s recovery. Damages that are accounted for in medical malpractice claims are listed below.

Economic Damages

Financial losses that are considered in a medical malpractice claim include (but are not limited to):

  • Past medical expenses
  • Future medical expenses
  • Lost wages and income
  • Lost earning capacity
  • Household services
  • Transportation expenses
  • Medical monitoring expenses
  • Adaptive requirements

Non-Economic Damages

Emotional losses also make up a significant portion of the compensation. Non-economic factors that are considered include (but are not limited to):

  • Physical pain and suffering 
  • Emotional and mental distress
  • Loss of enjoyment in life
  • Loss of consortium
  • Disfigurement
  • Loss of relationship
  • Fear and trauma

Potential Compensation for Delayed Diagnosis

According to the National Practitioner Data Bank, in 2023, medical malpractice cases in New York were settled at about $491,316 on average. However, based on our experience, cases involving cancer misdiagnosis are compensated with much more. 

For actual compensation figures, please refer to our previous wins.

Taking into account just the potential medical expenses for treating cancer, a patient’s annual spending could look something like this (average of all cancer sites considered):[3]

Medical ServicesOral Prescription
Initial Care
1st year of diagnosis
$43,516.1$1,873.9
Continuing Care
every subsequent year
$5,517.6
annually
$1,041.1
annually
End-of-Life Care
last year before demise
$109,727.3$4,372.4

Your legal team would account for all other economic and non-economic liabilities and ensure that you get the highest compensation you deserve.

Establishing Your Claim

When working with a medical malpractice lawyer, a thorough review of a patient’s medical records comes first. This review is done hand-in-hand with licensed medical experts to evaluate and establish a patient’s claim. Four key elements are outlined during this initial review. They 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?

Once these are established, a legal team can then proceed to file the claim officially.

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Medical Negligences that Cause Delayed Cancer Diagnoses

Delays in diagnosis may be caused by patient denial and/or medical negligence. Doctors must remain vigilant of cancer, especially for high-risk patients. Some medical lapses that can lead to delayed diagnosis include (but are not limited to):

  • Failure to order appropriate screening tests despite clear symptoms or risk factors 
  • Misinterpretation of diagnostic imaging like X-rays, CT scans, or mammograms 
  • Dismissal of persistent symptoms as minor ailments without proper investigation or follow-up
  • Failure to obtain a comprehensive family history that would have indicated increased cancer risk
  • Improper handling or misplacing of test results 
  • Missing or delayed referrals to appropriate specialists 
  • Failing to establish an appropriate monitoring plan
  • Failure to perform necessary physical examinations 
  • Misdiagnosis of cancer symptoms as another less serious condition
  • Poor communication between healthcare providers 

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. This approach allows us to better support those in 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.

Last Updated on 
December 12, 2024
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