Can a doctor be sued for missing symptoms of cancer?

In order to sue a doctor for missing symptoms of cancer, you would have to prove that the doctor was somehow negligent in his failure to see the symptoms.  There would have to be a duty—such as that which is established by the doctor/patient relationship.

You would then have to prove that the doctor had the opportunity to see the symptoms—i.e., you went in for a checkup and he examined you but didn’t see the symptoms.

You would then also have to prove that there were symptoms present and that he should have detected them based on what other doctors would have done under the circumstances.  If you go to a doctor for a cold, and he doesn’t see a cancerous mole under your shirt, he would not be liable for missing the cancer symptoms.

If however, you went to the doctor to check a suspicious mole and he failed to examine it, and it turned out to be cancerous, then you might be able to sue for missing symptoms to cancer. It is a fairly difficult case to prove that a doctor should have caught the symptoms for cancer in most cases.

Talk to a Medical Malpractice Lawyer to find out more about your rights to hold a doctor or hospital liable for undiagnosed cancer.