Cancer is a race against time — the sooner it’s caught, the better the odds. But what happens when a doctor’s negligence robs someone of that critical window? What if their oversight, a missed test, or a dismissed symptom led to months or years of lost treatment time?
If a cancer misdiagnosis has altered the course of your health, you’re not alone. Missed cancer diagnoses represented 46% of primary care diagnostic errors, most commonly involving lung, colorectal, prostate, or breast cancer.
In this article, we’ll explore the legal implications and how you can hold medical professionals accountable through a medical malpractice lawsuit.
What is a Medical Malpractice Lawsuit?
A medical malpractice lawsuit is a legal claim brought against a healthcare provider whose negligence caused harm to a patient. When it comes to cancer misdiagnosis, malpractice can take many forms:
- Ignoring symptoms: Dismissing persistent pain, lumps, or unexplained fatigue without proper investigation.
- Misinterpreting test results: Overlooking abnormalities in scans or pathology reports that should have raised alarms.
- Failing to order necessary tests: Skipping biopsies, imaging scans, or bloodwork that could have caught the cancer earlier.
- Not referring to a specialist: Keeping a patient in limbo instead of sending them to an oncologist.
However, not every medical mistake qualifies as malpractice. Medicine is complex, and even the best doctors don’t get it right 100% of the time. The key question in medical malpractice lawsuits is whether the healthcare provider deviated from the accepted standard of care. Would another competent doctor have acted differently in the same situation?
How to Prove Medical Negligence
To win a medical malpractice lawsuit related to cancer misdiagnosis, you typically need to prove the following four elements.
Duty of Care
Doctors have a legal obligation to provide patients with competent medical care. If you sought medical attention, whether for persistent symptoms or a routine checkup, the doctor had a duty to take your concerns seriously.
For example, if you visited your primary care physician for a persistent cough and fatigue, they have a duty to assess your symptoms and provide appropriate medical care.
Breach of Duty
Negligence happens when a doctor fails to uphold the expected standard of care. This could mean dismissing symptoms, failing to order tests, or misinterpreting results in a way that another qualified doctor wouldn’t have.
In other words, they acted in a way that a reasonably skilled healthcare provider would not have in the same situation. Expert medical testimony is often used to establish the standard of care and whether a breach occurred.
Imagine someone finds a lump, but their doctor brushes it off as a benign cyst without ordering a biopsy. If the lump turns out to be cancerous, that failure to investigate may be a breach of duty.
Causation
This is one of the most challenging aspects of medical malpractice cases. It’s not enough to prove that a mistake was made — you must show that the error directly worsened your condition. In cancer cases, this often means proving that the misdiagnosis delayed treatment, causing the disease to advance to a less treatable stage.
For example, if lung cancer was initially misdiagnosed as asthma and only caught after it spread to other organs, the doctor’s negligence could be directly tied to the worsened prognosis.
Damages
Finally, you must prove that the misdiagnosis caused actual harm, such as:
- Physical pain and suffering: More aggressive treatments, additional surgeries, or a higher risk of recurrence.
- Emotional distress: Anxiety, depression, or trauma from the life-altering impact of the delayed diagnosis.
- Lost income: Being unable to work due to extended treatments and recovery.
- Medical expenses: Increased costs from more intensive care, additional hospital stays, and ongoing treatment.
- Loss of quality of life: The toll on relationships, independence, and future plans due to the misdiagnosis.
What Does a Medical Malpractice Lawsuit Involve?
If you suspect your doctor’s negligence led to a delayed cancer diagnosis, taking legal action might feel like adding another battle to your plate. But a lawsuit can provide more than just compensation; it can bring a sense of justice and help prevent similar errors in the future.
Here’s a closer look at what a medical malpractice lawsuit typically involves.
1. Finding a Lawyer Who Understands
This isn’t the time for just any lawyer. You need someone who specializes in medical malpractice lawsuits and has a deep understanding of cancer misdiagnosis cases.
Specifically, look for a lawyer who:
- Knows the science: They should be familiar with the specific types of cancer, diagnostic procedures, and treatment protocols relevant to your case.
- Has a network of experts: They should have access to oncologists, radiologists, pathologists, and other specialists who can provide expert opinions.
- Understands the emotional toll: A cancer misdiagnosis lawsuit isn’t just about the facts; it’s about acknowledging the emotional trauma and the impact on your life. You need a lawyer who gets that.
2. Building Your Case
Your lawyer will piece together the evidence to tell your story. This might involve:
- Obtaining all your medical records: Not just from the doctor who misdiagnosed you, but from any other healthcare provider you saw during that time.
- Analyzing missed opportunities: Were there symptoms that were ignored? Tests that should have been ordered but weren’t? Referrals that never happened?
- Establishing a timeline: This is crucial in cancer cases, as it shows how the delay in diagnosis impacted your prognosis and treatment options.
3. Seeking Justice
Most medical malpractice lawsuits settle out of court, with hospitals or insurers offering financial compensation. But if a fair settlement isn’t possible, your lawyer should be ready to take the case to trial.
Ultimately, a lawsuit won’t erase the pain of a misdiagnosis, but it can provide a sense of justice and financial relief.
Ready to Take Back Control?
If you believe you or a loved one has been the victim of cancer misdiagnosis due to medical negligence, you don’t have to suffer in silence. Contact Slater & Zurz for a free consultation — we’re here to listen, guide, and be your advocate. The best part? Pay nothing unless you win.
Give us a call at 330-762-0700 today.
