Failure to Timely Diagnose Cancer: Is My Doctor Liable?

Receiving a diagnosis of cancer is a life changing event.  However, if the cancer was misdiagnosed or not diagnosed in a timely manner by a physician, it can have even greater consequences.  Early diagnosis is the most effective weapon a patient has when battling cancer.  Delays can mean much more invasive treatment or even death.  Cancers are staged (stage I, stage II, etc.) and with each stage comes an increased likelihood of recurrence (the cancer coming back) and a decreased prognosis (likelihood of survival).  Additionally, the longer a cancer tumor grows, the more time it has to metastasize or spread.  Obviously, a cancer that spreads is more difficult to treat. 

In the past twenty years, more Americans have died from cancer than the combined casualties from the world’s major wars and conflicts.  Nearly fifty percent of American men and thirty three percent of American women will develop some form of cancer over a lifetime.  Statistics like these indicate the importance of proactive cancer treatment and diagnosis.  Some of the common areas of cancer misdiagnoses include:

• Lung cancer
• Breast cancer
• Prostate cancer
• Liver cancer
• Colon cancer
• Rectal cancer
• Cervical cancer
• Brain tumors
• Bladder cancer
• Kidney cancer
• Pancreatic cancer
• Esophageal cancer
• Endometrial cancer
• Leukemia
• Skin cancer/melanoma
• Non Hodgkin – Lymphoma
• Thyroid cancer

What About a Misdignosis of Cancer?

While less common, misdiagnosis can also happen when a doctor diagnoses a patient with cancer, when in fact, the patient is cancer free.  In these cases, patients may have suffered anxiety, incurred huge medical costs and endured cancer treatments that were completely unnecessary.

How a Late Cancer Diagnosis May Occur

When medical professionals fail to timely diagnose cancer, it can be the result of many factors:

• Failure or delay in ordering proper diagnostic testing
• Failure to interpret test results correctly
• Errors in laboratory or radiology procedures/processing
• Incorrect diagnosis of the patient’s symptoms
• Failure to refer a patient to a specialist

Mistakes such as these can radically affect cancer treatment options and the patient’s chances of recovery or survival.  Patients may then be subject to prolonged mental anguish, illness during treatment, pain and suffering, not to mention increased medical expenses.  If you believe you suffered a delay or failure to timely diagnose cancer and you would like to consult a Kentucky attorney, you may contact the author, Brett Oppenheimer, at brett@bluegrassinjury.com.