Last Updated on February 9, 2024

How Can Cancer Be Misdiagnosed?

Cancer misdiagnosis is an unfortunate and complex issue that impacts many patients each year. According to the Journal of Clinical Oncology, 44% of cancer cases may be initially misdiagnosed. This can have a great impact on a patient's prognosis and quality of life. Misdiagnosed patients often lose precious time before their cancer is finally discovered at a later, harder-to-treat stage.

This article provides an in-depth look into why cancer misdiagnoses happen and how patients can advocate for the right testing and second opinions.

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Understanding Cancer Misdiagnosis

Cancer misdiagnosis refers specifically to cases where a doctor initially fails to diagnose a patient's cancer or misclassifies their type of cancer. This leads to incorrect or delayed treatment. Some key facts about cancer misdiagnoses:

  • Up to 10-20% of all cancer cases may be misdiagnosed on first assessment. This varies by cancer type
  • Certain cancers like sarcomas are misdiagnosed at a higher rate
  • Most misdiagnoses relate to difficulty distinguishing between benign and malignant tumors
  • Human error, resource constraints, outdated tests, and unusual tumor biology can all contribute

The Medical Perspective

Common Types of Cancer Often Misdiagnosed

Some forms of cancer are inherently tricky to diagnose. Common cancers that get frequently misdiagnosed include:

  • Breast cancer - Most cases relate to DCIS lesions or lobular carcinoma.
  • Lung cancer - Can resemble pneumonia or bronchitis on scans.
  • Prostate cancer - Biopsy samples may miss aggressive tumors.
  • Colorectal cancers - often confused with hemorrhoids early on.
  • Sarcomas - easily mistaken for benign fatty tumors and bone cysts.
  • Lymphomas - Have complex subtypes requiring special staining tests.

Diagnostic Challenges and Errors

Arriving at an accurate cancer diagnosis is complex. Areas where potentially costly mistakes occur include:

  • Relying on just imaging or biopsy - using both is ideal
  • Samples were not tested thoroughly via special stains/genetics
  • Human error - fatigue, inadequate training, negligence during scan analysis
  • Symptoms manifest differently in younger patients, leading to delays
  • Rare cancer sub-types - unpredictable biology that evades standard testing

A variety of human, system-based, and biological factors make diagnosing cancer difficult. However, better physician training, vigilance, and technology can help overcome these challenges.

The Legal Perspective

When Misdiagnosis Becomes Medical Malpractice

Cancer misdiagnosis is generally legally defined as medical malpractice when:

  • A doctor fails to meet established diagnostic standards.
  • Reasonable care and diligence were not demonstrated.
  • Avoidable errors that resulted in patient harm were made.

This makes the physician and potentially the hospital liable for damages that result from cancer advancing untreated.

Legal Recourse 

If the criteria for a valid malpractice claim are met, patients do have legal options:

  • Medical malpractice lawsuits - Lawsuits can claim current and future damages. Past cases have awarded multi-million dollar settlements.
  • Hospital compliance complaints - Regulatory bodies can address negligence involving flawed testing policies.

If you think that you’ve been a victim of cancer misdiagnosis, you can get in touch with a trusted medical malpractice lawyer at the Porter Law Group.

Patient Advocacy and Preventive Measures

Seeking second opinions from accredited oncologists is highly recommended whenever cancer is suspected or to confirm a proposed treatment plan. Potential benefits include:

  • Identifying any misinterpreted, false negative, or inadequate initial tests.
  • determining the cancer subtype and most effective treatment options.
  • Improved confidence and peace of mind during a stressful diagnosis.
  • Earlier access to appropriate symptomatic relief or therapy.

Sometimes patients themselves have to be proactive and alert physicians to unusual symptoms that might indicate cancer, such as:

  • Persistent fevers and pain.
  • Unexplained weight/appetite changes.
  • New lumps, skin changes, and unusual bleeding.
  • Chronic coughs and voice hoarseness.
  • Difficulty swallowing.
  • Family history of cancer.

Tracking anything out of the ordinary can enable an earlier investigation. Don't downplay worries—you know your own body best.

Have you been a victim of Cancer Misdiagnosis?

Cancer misdiagnoses unfortunately still happen too often, delaying essential treatment for many patients. While emerging technologies show promise for improving diagnostic accuracy, patients themselves play a critical role as their own health advocates.

Carefully tracking any unusual physical changes and clearly communicating all health concerns with your physicians is vital. Always seek a second opinion when first receiving a cancer diagnosis.

If you have experienced a delay in diagnosis due to an apparent disregard for symptoms and test results, it may constitute medical malpractice. Consider consulting with a qualified medical malpractice attorney at the Porter Law Group to fully understand your legal rights and options. Contact our office at 833-PORTER9 or message us at info@porterlawteam.com to schedule an appointment.

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 February 8, 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 February 8, 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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