Can You File a Medical Malpractice Claim For Misdiagnosis of Cancer?

If you or a loved one are a victim of delayed cancer diagnosis, you may be able to file a Maryland medical malpractice lawsuit.

Delayed diagnosis or misdiagnosis represent a failure to perform up to accepted medical standards. Failing to diagnose cancer in the early stages puts lives at risk, as the disease is more likely to spread, making it harder to treat. The treatment options that remain are riskier, more invasive and often less effective. These treatments may be more likely to cause severe, long-lasting side effects.

In this comprehensive blog, our experienced Maryland medical malpractice lawyers explain what you need to know about delayed cancer diagnosis malpractice.

Free legal consultation with no upfront fees. Call: 410-401-9979.

What is Delayed Diagnosis of Cancer?

Delayed diagnosis means there is an unnecessary delay between when a patient first presents with clear symptoms or signs of cancer and when doctors make an accurate diagnosis. This delay is typically longer than what would be considered reasonable or standard in medical practice for identifying the specific type of cancer involved. This is why delayed diagnosis could be the basis for a medical malpractice lawsuit.

A delayed diagnosis does not necessarily mean a complete failure to diagnose. It can include cases where:

• The diagnosis is eventually made, but later than it should have been
• Initial misdiagnosis is later corrected to a cancer diagnosis
• Symptoms are dismissed or attributed to other conditions for an extended period before cancer is considered

The definition of a delay may be different for different types of cancer. For example, a delay could be a much shorter time for a more aggressive form of cancer. Meanwhile, a delay could be a longer period for a slower-growing cancer.

It is important to note that not all delays in diagnosis are due to medical negligence or error. Sometimes, the nature of the disease itself can make timely diagnosis challenging. That is why patients who think their delayed diagnosis was due to malpractice should contact an experienced lawyer.

What Are the Benefits of Catching Cancer Early?

Research has consistently shown that early diagnosis results in faster treatment and higher survival rates. This is because cancer is often easier to treat in its initial stages, especially before it spreads to other body parts.

The American Cancer Society has found that the five-year survival rates for these common forms of cancer are much higher if the disease is diagnosed when it is localized to the part of the body where it started:

• Colorectal cancer has five-year survival rate of 91 percent when it is diagnosed when it is localized in the colon; the survival rate drops to 13 percent when the cancer is found far from its original location; early detection is particularly vital for colon cancer as it becomes much deadlier when it spreads
• Breast cancer has a five-year survival rate of 99 percent when it is localized and 31 percent when it has spread far from its starting place; this cancer is much more dangerous when it spreads
• Prostate cancer has a five-year survival rate greater than 99 percent when it is diagnosed in its starting location and 34 percent when cancer cells have moved far from the original location
• There is a 65 percent survival rate for non-small cell lung cancer when it is localized and just nine percent when the cancer has spread to a distant part of the body

Treatment is often much easier when the cancer is localized to one part of the body. In this situation, doctors may be able to do surgery to simply cut out the entire tumor. Chemotherapy and radiation can also be much more effective on early-stage cancers.

What Types of Cancer Are More Likely to Have a Delayed Diagnosis?

Delayed cancer diagnosis or misdiagnosis can have serious consequences, as the disease can progress to an advanced stage and leave doctors with fewer, less-effective treatment options.

These are some of the types of cancer where delayed diagnosis may be more likely, along with some of the reasons why:

1. Breast Cancer

Breast cancer misdiagnosis/delayed diagnosis is often caused by:

• Inaccurate Mammogram Results: False negatives can lead to undetected tumors.
• Misinterpreted Biopsies: Pathologists might incorrectly identify benign conditions as cancerous or vice versa.

2. Lung Cancer

Lung cancer can be misdiagnosed because:

• Symptoms Overlap: Symptoms like cough or chest pain are often attributed to less severe conditions like bronchitis.
• Imaging Errors: CT scans or X-rays might miss small or early-stage tumors.

3. Prostate Cancer

Delayed diagnosis of prostate cancer is often caused by:

• Inconsistent PSA Levels: Prostate-Specific Antigen (PSA) tests might not accurately reflect the presence of cancerous tumors.
• Biopsy Errors: Core needle biopsies might miss cancerous areas in the prostate.

4. Ovarian Cancer

Ovarian cancer is often misdiagnosed due to:

• Vague Symptoms: Symptoms such as bloating or abdominal pain can be mistaken for gastrointestinal issues.
• Insufficient Testing: Failure to conduct appropriate imaging or blood tests can cause doctors to delay their diagnosis.

5. Colorectal Cancer

Colorectal cancer delayed diagnosis can result from:

• Overlooked Symptoms: Symptoms like rectal bleeding or abdominal pain might be attributed to hemorrhoids or other benign conditions.
• Inadequate Screening: Failing to follow up on abnormal colonoscopy results or other tests can allow cancer to spread.

6. Melanoma

Melanoma misdiagnosis may occur due to:

• Skin Lesion Misinterpretation: Non-cancerous moles or spots might be mistaken for melanoma, or melanoma might be misidentified as a less severe skin condition.
• Inadequate Biopsy Analysis: Errors in evaluating skin samples can lead to incorrect diagnoses.

7. Pancreatic Cancer

Pancreatic cancer delayed diagnosis is common because:

• Non-Specific Symptoms: Symptoms like weight loss or abdominal pain can be attributed to other conditions.
• Late Detection: Tumors may not be visible in early imaging studies.

8. Kidney Cancer

Doctors may be delayed in their diagnosis because:

• Symptoms Overlap: Symptoms like blood in urine or back pain may be linked to other less severe conditions.
• Imaging Limitations: Early-stage tumors may be missed in scans or mistaken for other abnormalities.

9. Thyroid Cancer

Doctors may struggle to make an accurate diagnosis because of:

• Misinterpreted Thyroid Nodules: Nodules may be mistaken for benign conditions.
• Inadequate Follow-Up: Insufficient monitoring of suspicious thyroid nodules.

10. Bladder Cancer

Bladder cancer may be misdiagnosed due to:

• Confused Symptoms: Symptoms like blood in urine might be mistaken for urinary tract infections.
• Incomplete Testing: Failing to conduct necessary cystoscopies or other diagnostic procedures.

If doctors delayed their diagnosis of any of these 10 forms of cancer, or another form not listed, and you have been severely injured or a loved one died, our law firm may be able to help you. Contact us to set up a free legal consultation and discuss a potential Maryland delayed diagnosis lawsuit. We can help you better understand your potential options and whether there may be a valid case.

What Symptoms Warrant a Second Opinion From Another Doctor?

Sometimes doctors make the wrong diagnosis, or they say you have a clean bill of health when that might not be true.

At times like these, patients should consider seeking a second opinion, especially if they experience persistent or worsening symptoms that their initial doctor has not diagnosed as cancer. You want to make sure it is not cancer, but if it is, you want to get it treated right away.

Some symptoms that may warrant a second opinion include:

• Unexplained weight loss: Losing 10 pounds or more without trying
• Fatigue: Extreme tiredness that does not improve with rest
• Fever: Persistent or recurring fever, especially at night
• Pain: Chronic pain that doesn’t have a clear cause or doesn’t respond to treatment
• Skin changes: New moles, changes in existing moles, or unusual skin patches
• Lumps or swelling: Any new lumps or persistent swelling in the body
• Bleeding or bruising: Unusual bleeding or bruising without injury
• Persistent cough or hoarseness: Lasting more than three or four weeks
• Changes in bowel or bladder habits: Persistent constipation, diarrhea or difficulty urinating
• Difficulty swallowing: Ongoing problems with swallowing or feeling like food is stuck
• Sores that do not heal: Wounds or sores that do not improve over time
• Unusual bleeding: Blood in urine, stool or when coughing
• Persistent indigestion: Ongoing stomach discomfort or nausea
• Unexplained night sweats: Excessive sweating during sleep

If your doctor cannot give you a clear diagnosis, you may want a second opinion to prevent a delayed diagnosis or misdiagnosis.

How do Doctors Misdiagnose Cancer?

There are many specific reasons why doctors may make a delayed diagnosis of cancer. However, it often boils down to one of two things:

• Doctors failed to perform the appropriate tests or failed to properly respond to the results of those tests
• Doctors ignored the patient’s symptoms or failed to follow up on recurring symptoms

These forms of medical negligence occur for a variety of reasons. For example, doctors may have failed to take a complete and accurate medical history. Doctors may have failed to document genetic information, such as a family history of a certain form of cancer.

Other reasons misdiagnosis may occur include:

• Failure to order appropriate tests
• Failure to take early signs of cancer seriously enough
• Failure to spend enough time analyzing the patient’s symptoms and medical history
• Ruling out cancer because of the patient’s age
• Misinterpreting test results
• Lab errors that resulted in a false positive or errors that hid cancer
• Failure to send a patient to a specialist with relevant knowledge and experience
• Doctors chose to ignore recommendations from the lab for more testing
• Doctor ordered the wrong tests

What Does My Lawyer Need to Prove in a Cancer Misdiagnosis Lawsuit?

Delayed diagnosis of your or your loved one’s cancer may qualify as medical malpractice if your lawyer can prove all the elements of this legal theory, including:

1. Existence of a Standard of Care

Medical malpractice hinges on whether the healthcare provider met the accepted standard of care. Your doctor’s actions are compared to what other medical providers with similar training and experience would have done in a similar situation. In cancer diagnosis, this often involves:

• Proper Testing: Ensuring appropriate diagnostic tests are conducted based on symptoms and patient history.
• Accurate Interpretation: Correctly reading test results and imaging.
• Timely Referrals: Referring the patient to specialists when necessary.

2. Breach of a Standard of Care

To qualify as medical malpractice, the missed diagnosis must show a breach of the standard of care. Examples include:

• Failure to Order Tests: Not conducting necessary diagnostic tests or screenings.
• Misreading Results: Incorrectly interpreting test results or imaging studies.
• Ignoring Symptoms: Failing to act on symptoms that suggest cancer.

3. Causal Link Between the Doctor’s Actions and Misdiagnosis

It must be proven that the breach in care directly led to harm. For example, your lawyer could provide evidence that the delay led to:

• Worsening condition
• Delayed treatment
• More severe health problems
• Higher risk of death
• Death of the patient

Your lawyer will likely need to contend with claims from the defendant that something else caused harm, such as the failure of the patient to seek treatment or report symptoms.

4. Existence of Damages

Your lawyer must provide proof of actual damages, such as physical, emotional, and financial harm resulting from the delayed or missed diagnosis. In a medical malpractice case, your lawyer assigns a value to these damages and pursue compensation for the damages.

What Kinds of Evidence Could Prove a Cancer Misdiagnosis Lawsuit?

There are many types of evidence that may prove a cancer misdiagnosis case, including:

• Medical records showing initial symptoms, tests ordered and diagnoses made
• X-rays, MRIs, or CT scans from before and after diagnosis
• Pathology reports that show the cancer stage at time of diagnosis
• Expert testimony explaining standard diagnostic procedures
• Timeline of doctor visits to show the frequency and nature of patient complaints
• Lab test results
• Documentation of referrals to specialists, as the dates could indicate a delay
• Patient testimony about symptoms and concerns during treatment
• Records of communication between the patient and doctors, and communication between the different doctors involved in treatment
• Guidelines or protocols for diagnosis and treatment of the patient’s symptoms
• Comparative case studies of patients with similar diagnoses

The experienced attorneys at The Law Offices of Peter T. Nicholl have helped many malpractice victims secure compensation. We have detailed knowledge of the types of evidence needed to build a strong case.

What Are the Steps in a Delayed Cancer Diagnosis Lawsuit in Maryland?

Medical malpractice cases usually start with an initial consultation with a lawyer who is experienced in these types of cases. The goal of the consultation is to determine if the patient may have a case and determine the next steps.

If there is a case and the victim hires the lawyer, the lawyer can begin building a case. This involves reviewing your medical records, gathering other evidence and working with medical experts.

Once your lawyer files a lawsuit, Maryland law requires him or her to submit a certificate of a qualified expert within 90 days.

Before the case can proceed to trial, the case must be arbitrated. If arbitration is unsuccessful, or one party appeals the arbitration panel’s decision, the case can proceed to court. After discovery, the trial begins, and evidence can be presented.

Delayed Cancer Diagnosis Compensation

Victims of delayed diagnosis may be able to seek compensation for economic and non-economic damages, wrongful death damages if the victim died, and possibly punitive damages. The purpose of medical malpractice compensation is to help victims recover for the harm they have suffered due to the delayed diagnosis, which can often result in worsening health, risker and more dangerous treatments, or even a reduced chance of survival.

Economic Damages

Economic damages cover the financial costs associated with the delayed diagnosis. These typically include:

• Medical Expenses: Victims can seek compensation for medical bills related to treatments that may have been avoided or less extensive if the cancer had been diagnosed earlier. This includes costs for surgeries, chemotherapy, radiation, medications, and follow-up care.
• Lost Wages: If the delayed diagnosis resulted in extended periods of being unable to work or job loss, victims can recover compensation for lost income. This also includes loss of future earning capacity if the delay affects the ability to work in the future.
• Out-of-Pocket Expenses: This category includes travel expenses for medical treatments, costs for home care, or other necessary services.

Non-Economic Damages

Non-economic damages compensate victims for the intangible impact of a delayed cancer diagnosis. These damages include:

• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the delayed diagnosis. This could include the suffering from more aggressive treatments or a reduced quality of life.
• Loss of Enjoyment of Life: Victims may receive compensation for the loss of enjoyment of activities they once participated in due to their deteriorating health.
• Loss of Consortium: In some cases, spouses of victims can seek compensation for the impact the delayed diagnosis has had on their relationship, including loss of companionship or support.

Compensation for Wrongful Death

Delayed cancer diagnosis puts lives at risk, and sometimes it results in the patient’s death. If this happens, the patient’s family may be eligible to seek compensation for the damages they have suffered. This may include the cost of funeral or burial expenses, lost companionship, lost income or benefits, and more.

How Long Do You Have to Sue for Misdiagnosis in Maryland?

Maryland gives medical malpractice victims five years from the date of their injury or three years from the discovery of the injury, whichever comes first. This may sound like a long time, however, time can move quickly. It takes time to build a case, and you want to give your lawyer as much time as possible.

Our licensed attorneys can determine how much time you have to file a lawsuit.

How do Doctors and Medical Malpractice Insurers Defend Against Delayed Diagnosis Claims?

The defendant may say you did not seek treatment quickly enough or you did not do everything your doctor asked, as far as seeking additional treatment or testing. Your lawyer can counter this defense with your medical records by showing what you told your doctor and the treatment you underwent. The goal is to show that you did your part to get treatment.

It is important to be detailed when discussing symptoms of an illness with your doctor, this includes providing relevant family history of an illness. If you omit details and you are misdiagnosed, it may be harder to prove your case.

Was Your Cancer Diagnosis Delayed? Call Today

You need experienced legal help to prove these cases. The attorneys at The Law Offices of Peter T. Nicholl have been advocating for medical malpractice victims for decades. We have recovered millions on their behalf. There are also no upfront fees with our services.

Schedule your free legal consultation: 410-401-9979.