Trial Attorney Blog
When someone goes to the doctor, they trust that the doctor will help them feel better.
But sometimes, a doctor may miss a serious illness like cancer. This is called a failure to diagnose.
When that happens, it can be scary and even dangerous.
In this article, we’ll explain what failure to diagnose cancer means, what can happen because of it, and what legal rights a person has if it happens to them.
What Does “Failure to Diagnose Cancer” Mean?
Doctors are trained to look for signs of illness in their patients.
When someone has symptoms, the doctor should listen carefully, ask the right questions, and do tests to find out what’s wrong.
If a person has cancer, but the doctor doesn’t catch it in time, that’s called a failure to diagnose cancer.
This can happen in different ways:
- The doctor doesn’t take the symptoms seriously.
- The right tests are not ordered.
- Test results are read wrong.
- The cancer is mistaken for another illness.
When cancer is not found early, it may grow and become harder to treat. That’s why catching cancer early is so important.
Why Does a Missed Cancer Diagnosis Matter?
Cancer Can Spread: If cancer is not treated early, it can spread to other parts of the body. This can make treatment more difficult or less likely to work.
Treatment Becomes Harder: When doctors find cancer early, the treatment may be easier and more successful. If they find it too late, the treatment might not work as well, and the person may get very sick.
It Affects the Family: A missed diagnosis doesn’t just hurt the patient. It can cause stress, worry, and sadness for the whole family.
Common Types of Cancer That Are Missed
A cancer misdiagnosis occurs when a healthcare provider inaccurately assesses a patient’s medical condition.
Rather than correctly detecting cancer, the physician may mistakenly attribute the symptoms to another, often less severe, illness.
Some of the most frequently misdiagnosed types of cancer include:
- Breast cancer
- Prostate cancer
- Cervical cancer
- Colorectal cancer
- Colon cancer
- Lung cancer
- Liver cancer
- Bladder cancer
- Pancreatic cancer
- Cancers and diseases related to asbestos exposure
In many instances, the mistake involves a doctor assuring a patient that a tumor is benign when it is, in fact, malignant.
Such an error can result in improper or delayed treatment, allowing the cancer to advance without intervention.
Patients may either receive unnecessary medical procedures or miss the critical window for beginning potentially life-saving therapies.
While the Midwest generally offers access to reliable healthcare services, receiving a misdiagnosis can be especially disheartening and frustrating.
Who Can Be Held Responsible?
In legal terms, a missed diagnosis may be a type of medical malpractice. This means the doctor or healthcare provider did not do their job the way they were supposed to.
The people who might be responsible include:
- Doctors
- Nurses
- Radiologists (who read scans)
- Hospitals or clinics
But not every mistake is malpractice. To be a legal issue, the mistake must cause real harm to the patient.
What Are Your Legal Rights?
If a doctor fails to diagnose cancer and it causes harm, you may have the right to file a legal claim.
This means you can ask the court to hold the doctor or hospital responsible.
You may have the right to:
- Ask for money (called damages) to help pay for medical bills.
- Be paid for lost time at work.
- Get support for pain, suffering, or emotional stress.
- Receive help for future care needs.
Steps to Take If You Think There Was a Mistake
Get a Second Opinion
If you think there may have been an error in your diagnosis or treatment, visit another doctor for a second opinion.
This can help confirm your condition and give you a clearer understanding of whether something was missed or done incorrectly.
Collect All Your Medical Records
Collect all relevant medical documents such as test results, doctor’s notes, hospital reports, and prescriptions.
These records provide a clear picture of your medical history and can help show where things might have gone wrong.
Write Down Everything in Detail
Keep a written record of your symptoms, medical visits, and conversations with healthcare providers.
Include dates, names, and details of what was said or done. This information can be very helpful if you need to explain your situation later.
Consult a Medical Malpractice Lawyer
If you believe you’ve suffered harm due to a medical error, it’s important to consult a medical malpractice lawyer who specializes in medical malpractice.
You can consider reaching out to Finch McCranie LLP, a law firm experienced in handling such cases.
They can thoroughly guide you through the legal process, help assess your situation, and assist in pursuing a claim if you have valid grounds.
What Can a Medical Malpractice Lawyer Do for You?
When handling cancer misdiagnosis or delayed diagnosis claims, a seasoned cancer attorney typically follows a structured legal process to evaluate potential medical malpractice and seek compensation for the damages suffered by the patient.
Initial Case Review
The legal journey often begins with a comprehensive consultation.
During this stage, the attorney collects essential information about the patient’s medical background, potential cancer risk factors, presenting symptoms, and all prior interactions with healthcare professionals.
To build a clear timeline and assess potential negligence, the attorney will also obtain the patient’s medical documentation, including imaging scans, pathology reports, lab test results, and earlier medical evaluations, to determine whether there was a failure to diagnose the cancer at an earlier stage.
Expert Medical Review
After gathering medical records, the attorney will work with qualified medical professionals — such as oncologists or specialists in the type of cancer involved — to examine the case.
These experts assess whether the healthcare provider deviated from the accepted standard of care and whether that deviation contributed to a delayed diagnosis.
They also evaluate how the delay affected the patient’s health outcome, prognosis, or treatment options.
In many jurisdictions, the law requires the attorney to present a certificate of merit or affidavit from a medical expert before proceeding with a lawsuit.
This document verifies that there is a valid basis for the claim and that negligence may have occurred.
Filing the Malpractice Lawsuit
If expert evaluation supports the case, the attorney will move forward with filing a medical malpractice lawsuit.
The lawsuit must be filed in the correct jurisdiction and within the legally permitted time frame.
The complaint usually outlines the key allegations, including failure to diagnose or delayed diagnosis, provides supporting expert opinions, and details the harm caused to the patient, such as emotional distress, loss of income, or diminished quality of life.
A critical aspect of these cases is proving how the delayed diagnosis negatively impacted the patient, specifically, whether earlier intervention would have resulted in more favorable outcomes.
Expert witnesses play a vital role in demonstrating the consequences of the delay.
Discovery Phase
Once the lawsuit is filed, both sides enter the discovery phase.
This is a formal exchange of information where attorneys collect additional medical records, conduct depositions of medical personnel, and obtain expert testimony.
The discovery stage often opens the door for settlement discussions, as both parties gain a clearer understanding of the evidence and potential trial risks.
Negotiating a Settlement
In most cancer misdiagnosis or delayed diagnosis lawsuits, the parties reach a settlement before going to trial.
The attorney will negotiate with the opposing side to secure a compensation package that may include:
- Reimbursement of medical expenses
- Lost wages and future earning capacity
- Pain and emotional suffering
- Loss of enjoyment of life or life expectancy
The goal is to ensure the patient or their family receives fair and just compensation for the consequences of the malpractice.
Proceeding to Trial (If Needed)
If negotiations do not lead to a satisfactory settlement, the case may proceed to trial.
During the court proceedings, both parties will present their arguments, evidence, and expert witnesses.
The judge or jury will ultimately decide whether malpractice occurred and, if so, determine the damages to be awarded.
This legal process is designed to hold negligent healthcare providers accountable while ensuring that victims of cancer misdiagnosis or delayed diagnosis are fairly compensated for the avoidable harm they suffered.
How Long Do You Have to File a Claim?
There are rules called statutes of limitations. These are time limits for filing a legal claim.
The time limit can be:
- 1 to 3 years in most places.
- It often starts from the day you found out about the missed diagnosis.
- If you wait too long, you may not be allowed to file at all.
So, it’s important to act quickly if you believe a mistake was made.
What Can You Get From a Legal Case?
If you win your case, you may be able to get:
- Medical Expenses: Money to pay for treatments you needed or will need in the future.
- Lost Income: If you missed work or can’t work anymore, you may be paid for lost wages.
- Pain and Suffering: This includes both physical pain and emotional stress.
- Wrongful Death Damages: If a loved one passed away because of the mistake, the family may get help with funeral costs and emotional loss.
Final Thoughts
A failure to diagnose cancer can change a person’s life. But you don’t have to suffer in silence.
The law gives you the right to seek help and justice if a doctor’s mistake caused harm.
If you or someone you love has been hurt because cancer wasn’t found in time, talk to a lawyer.
They can guide you and help you understand what steps to take next.
It’s never easy, but knowing your rights is the first step toward healing and support.
FAQ’s
I kept telling my doctor something felt off, but they didn’t listen. Could that be a legal issue?
Yes, it could be. If your doctor ignored your symptoms or didn’t take the right steps to investigate further—and that led to a delayed cancer diagnosis—you might have a valid medical malpractice claim. The key is whether their actions (or inaction) led to real harm, like missed treatment opportunities or a worse outcome.
What if I found out years later that my cancer should have been caught earlier—am I too late to do anything about it?
Not necessarily. In many states, the clock doesn’t start ticking until you discover the mistake, not when it actually happened. That’s called the “discovery rule.” But timing still matters, so it’s important to talk to a lawyer as soon as you suspect something was missed.
Is it even worth going through all this legal stuff? I’m already overwhelmed.
That’s a fair concern—and a common one. But many people find that holding someone accountable not only helps with the financial burden (like medical bills or missed work) but also brings a sense of closure. A good lawyer will handle the heavy lifting and walk you through it at your pace.
Could this really happen with something as serious as cancer? Aren’t doctors supposed to catch that?
They absolutely should. But misdiagnoses happen more often than most people realize—even with cancer. Sometimes the signs are subtle, or doctors jump to the wrong conclusion. When that happens, and it causes real damage, the law may step in to protect your rights.
I’m not the suing type, but this really messed up my life—what should I do?
You don’t have to think of it as “suing someone.” Think of it as standing up for yourself. If a medical mistake turned your life upside down, you have the right to ask for help and seek justice. A consultation with a malpractice lawyer is free in most cases, and you’ll get clarity on whether pursuing a case makes sense for you.