Misdiagnosis

Delayed Cancer Diagnosis and Your Rights

September 1, 2024 by Carrie Capouellez
delayed cancer diagnosis

A cancer diagnosis is one of the most challenging experiences you can face. The success of treatment and the chances of recovery often depend on the timeliness of the diagnosis.

Unfortunately, in some cases, cancer diagnoses are delayed due to medical errors, misinterpretations, or negligence. A delayed diagnosis can lead to more advanced stages of cancer, fewer treatment options, and, in some cases, a significantly lower chance of survival.

If you or a loved one has experienced a delayed cancer diagnosis, it is essential to understand your legal rights.

What Constitutes a Delayed Cancer Diagnosis?

A delayed cancer diagnosis occurs when there is a significant and avoidable delay in diagnosing a patient’s cancer. This delay can result from a variety of factors, including:

  • Failure to order appropriate tests: A doctor may fail to order necessary diagnostic tests, such as biopsies, blood tests, or imaging scans, that could have detected cancer earlier.
  • Misinterpretation of test results: Even when tests are conducted, they may be misread or misinterpreted, leading to a failure to recognize cancer signs.
  • Failure to follow up: If a patient presents symptoms that could indicate cancer, a doctor may fail to follow up with additional tests or referrals to specialists.
  • Communication errors: Breakdowns in communication between healthcare providers or between a provider and the patient can result in delayed diagnosis.
  • Ignoring patient complaints: In some cases, healthcare providers may dismiss or downplay a patient’s symptoms, leading to a delay in pursuing a cancer diagnosis.

Impact of a Delayed Cancer Diagnosis

The consequences of a delayed cancer diagnosis can be devastating. The World Health Organization promotes early cancer diagnosis before the disease can progress to more advanced stages. A delayed diagnosis can reduce the effectiveness of treatment options and increase the likelihood of complications. Other impacts can include:

  • Advanced staging: Cancer that is diagnosed later is often at a more advanced stage, which typically requires more aggressive treatment and has a lower survival rate.
  • Limited treatment options: Early-stage cancers often have more treatment options available, including surgery, radiation, and chemotherapy. A delayed diagnosis can limit these options.
  • Increased physical and emotional suffering: Patients with a delayed diagnosis may experience more severe symptoms, greater pain, and increased emotional distress as they confront a more advanced and potentially less treatable cancer.
  • Higher mortality risk: Delayed diagnoses are associated with higher mortality rates, as the chances of successfully treating the cancer diminish over time.

Common Types of Cancer Associated With Delayed Diagnoses

Certain types of cancer are more frequently associated with delayed diagnoses due to the nature of their symptoms or the challenges in detecting them early. Some of the most common types include:

  • Breast cancer: Delayed diagnoses can occur if a physician misreads mammogram results or fails to follow up on abnormal findings.
  • Lung cancer: Failure to order imaging studies like CT scans can lead to a delayed diagnosis.
  • Colorectal cancer: A delayed diagnosis can occur if a doctor misses polyps during the procedure or fails to recommend timely screenings based on a patient’s risk factors.
  • Prostate cancer: Delayed diagnoses can occur if a physician does not recommend testing based on symptoms or family history or if they misinterpret test results.
  • Ovarian cancer: A delayed diagnosis can occur if a doctor fails to consider ovarian cancer as a potential diagnosis or does not order the appropriate tests.

While the American Cancer Association recommends early screening, the burden of diagnosis rests on your healthcare provider’s shoulders. If you have cancer that was diagnosed late because of a medical professional’s negligence, you may have a legal compensation claim.

Contact our medical malpractice lawyers in Pennsylvania and New Jersey as soon as possible to discuss your potential claim.

Legal Framework for Medical Malpractice Claims in Pennsylvania and New Jersey

When a delayed cancer diagnosis occurs due to medical negligence, you have the right to seek compensation through a medical malpractice claim. The legal framework for these claims varies between Pennsylvania and New Jersey, but some key principles apply in both states.

What Constitutes Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, harming you. In the context of a delayed cancer diagnosis, you can establish medical malpractice if:

  • The healthcare provider failed to act with the level of skill, knowledge, and care that other reasonably competent healthcare providers would have exercised in similar circumstances.
  • The failure to meet this standard of care directly resulted in a delay in diagnosing your cancer.
  • The delayed diagnosis caused you harm, such as advancing the cancer to a more severe stage, limiting treatment options, or reducing the likelihood of survival.

If you believe medical negligence delayed your cancer diagnosis, you may have legal rights. Medical malpractice lawsuits can seek compensation for damages from a delayed diagnosis. Our medical malpractice lawyers at Lopez McHugh LLP can hold your healthcare provider accountable if they made an error that resulted in a delayed cancer diagnosis that caused you further harm.

Statute of Limitations for Medical Malpractice Claims

The statute of limitations is the time limit you have to file a medical malpractice lawsuit. The statute of limitations in Pennsylvania and New Jersey is two years. This means you have two years from the date you knew or should have known about the injury to file a lawsuit. If you miss this deadline, you may forfeit your right to seek compensation through a legal claim.

Expert Testimony Requirement

Pennsylvania Rule 1042.3 and New Jersey Statute 2A:53A-27 require expert testimony in medical malpractice cases. An expert witness, usually a medical professional with experience in the relevant field, must testify that the healthcare provider’s actions fell below the accepted standard of care and that this failure directly caused you harm.

Supporting a Medical Malpractice Claim

Building a strong medical malpractice case requires substantial evidence. This typically involves:

  • Medical records: Detailed medical records are essential to demonstrate the timeline of events and the healthcare provider’s actions.
  • Expert testimony: Expert witnesses can provide crucial testimony about the standard of care and the causal link between the delayed diagnosis and your injuries.
  • Economic damages: Documentation of medical bills, lost wages, and other financial losses is necessary to calculate economic damages.
  • Non-economic damages: Evidence of pain and suffering, emotional distress, and loss of consortium can support claims for non-economic damages.

If you suspect a delayed cancer diagnosis, consulting with our experienced medical malpractice attorneys is essential. We can evaluate your case, gather evidence, and protect your rights.

A delayed cancer diagnosis can have life-altering consequences. If you believe you or a loved one has been a victim of medical negligence, seeking legal counsel is crucial. Our knowledgeable medical malpractice attorneys at Lopez McHugh LLP can help you understand your rights, build a strong case, and pursue compensation for your losses.

Contact our cancer misdiagnosis attorneys today to schedule a free consultation to discuss your delayed diagnosis and review your legal options for recovering compensation from the medical professional responsible for your delayed cancer diagnosis.

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