A late-stage cancer diagnosis is often earth-shattering news. It can be more devastating when you learn that earlier testing or a more attentive doctor might have caught it at an earlier stage of progression. In some cases, delayed diagnosis can support a medical malpractice claim. Contact the misdiagnosis and delayed diagnosis attorney in Las Cruce if you were affected by one.
Late Diagnosis Alone Isn’t Enough
Not every case of cancer discovered at an advanced stage involves malpractice. Some cancers are aggressive or asymptomatic in their early stages, and no amount of reasonable medical care would have caught them sooner.
The focus of a malpractice case isn’t whether the cancer could ostensibly have been found earlier. It’s whether a reasonably competent physician should have identified it sooner than they did (given your symptoms, risk factors, and test results).
Common Failures That Lead to Late-Stage Diagnoses
Several recurring patterns show up in cancer misdiagnosis and delayed diagnosis cases:
Failure to Order Appropriate Screening
Patients with a family history of cancer, known risk factors, or symptoms consistent with a specific cancer type sometimes don’t receive the screening tests that current medical guidelines recommend.
Dismissing Symptoms as Something Benign
Persistent symptoms like unexplained weight loss, fatigue, changes in bowel habits, or a lump are sometimes inaccurately attributed to stress or a minor condition.
Misreading or Mishandling Test Results
A radiologist, pathologists, and labs can be responsible for mishandling or misreading imaging or biopsy samples that should have been caught.
Failure to Follow Up On Abnormal Results
Sometimes a provider orders the correct and even flags a concerning result. But the provider may still fail to follow up, schedule the necessary next steps, or communicate the finding to the patient in time for early intervention.
A primary care physician who continues treating symptoms without referring a patient to an oncologist or specialist can delay a diagnosis that a specialist would have caught much sooner.
The Timing of Diagnosis
Cancer staging reflects how far the disease has progressed and spread; earlier detection generally means more treatment options, less invasive interventions, and significantly better survival rates. A cancer caught at stage 1 or 2 may be treatable with surgery alone. The same cancer discovered at stage 3 or 4 may require aggressive chemotherapy, radiation, and carry a substantially reduced prognosis.
A malpractice claim based on delayed cancer diagnosis generally requires establishing that a (1) doctor had a duty to properly evaluate your symptoms or test results, (2) that the doctor’s care fell below the accepted standard for that evaluation, (3) that earlier detection was medically probable had the standard been met, and (4) that the delay caused harm (e.g., a worse prognosis, etc.).
Generally, these claims require testimony from experts in the area of cancer and diagnosis particular to your claim. These experts will help establish the standard of care for your situation and evaluate whether the provider deviated from it.
Speak to a Malpractice Attorney If You Believe You Have a Claim
If you or a loved one was diagnosed with cancer at an advanced stage after symptoms or risk factors were overlooked, an experienced malpractice attorney can review your medical records and help determine whether you experienced medical negligence.
An experienced attorney can also consult with medical experts and gather evidence showing your provider failed to meet the standard of care for your condition. Call Coates & Johnson for a free consultation to learn more.