Medical Malpractice and Cancer Diagnosis

One of the most common types of medical malpractice cases is misdiagnosis or delayed diagnosis of cancer.  This is particularly true of breast cancer, lung cancer, and rectal cancer.  Most cases of breast cancer malpractice are due to mismanagement of medical tests.  An incorrect diagnosis of lung cancer is often responsible for removal of a lung.  A delay in cancer treatment or when cancer is allowed to spread due to misdiagnosis, the victim often has to undergo more aggressive forms of treatment.

Types of Negligence Related to Cancer Patients

Some examples of common acts of negligence by physicians when they failed to diagnose cancer properly may include:

• Failing to order a mammogram, misinterpreting a mammogram
• Diagnosing a tumor as benign and failing to perform a biopsy
• Disregarding patient’s complaints of symptoms
• Failing to order additional radiological tests, a biopsy, or ultrasound when appropriate

A central issue is whether or not a delay in the diagnosis of cancer would alter the treatment approach.

Diagnosis

When a diagnosis of cancer is made, the physician examines the affected tissue and identifies the type of cancer by the microscopic appearance of the cells.  The doctor then classifies the cancer according to how advanced it is, otherwise known as staging.  In evaluating whether a specific case of cancer diagnosis and treatment is consistent with the accepted standard of care, there are several general principles to be considered.  Was the physician aware of established signs of cancer and was sufficient attention paid to those signs?

When to Consult a Medical Malpractice Attorney

If you believe that a physician’s failure to timely diagnose or treat cancer resulted in a loss of treatment options or chance of survival, you should consult with a medical malpractice attorney.  You may have a valid claim to sue for cancer misdiagnosis and be entitled to compensation for your injuries.