In cancer treatment, a positive biopsy is not the end of the diagnostic process. After confirming that cancer is present, physicians must determine how far it has spread. That process is called “staging” (i.e., what stage cancer). Staging is of critical importance because it impacts all subsequent treatment decisions.
When doctors fail to move through staging promptly, patients lose precious time for treatment and may suffer worse health outcomes.
Reach out to our cancer misdiagnosis lawyer in Las Cruces for assistance if you’ve been affected due to a cancer staging delay.
What Is Cancer Staging, and Why Does It Matter?
Staging identifies how large a cancerous tumor is, whether it has spread to nearby lymph nodes, and whether it has metastasized to other organs. That information directly determines which treatments are appropriate and how urgently intervention must begin.
Cancer that is caught at Stage I or II is usually more treatable than cancer diagnosed at Stage III or IV. The difference between these stages can come in a matter of weeks.
Common cancers that routinely suffer from staging delays include:
- Breast cancer
- Colorectal cancer
- Lung cancer
- Cervical cancer
- Prostate cancer
- Ovarian cancer
- Bladder cancer
- Pancreatic cancer
- Melanoma
- Lymphoma
- Kidney (renal cell) cancer
- Head and neck cancers
A delay in staging, such as those caused by missed referrals, delayed imaging orders, or poor coordination between specialists, can allow the disease to progress to a more advanced stage before any treatment begins.
How Staging Delays Happen
Staging delays rarely result from a single decision. More often, they reflect breakdowns across the entire care process.
Common causes include:
- Failure to order imaging promptly after a positive biopsy
- Delays in referring the patient to an oncologist or specialist
- Miscommunication between pathology, radiology, and treating physicians
- Administrative or scheduling failures that push imaging appointments weeks out
- Failure to follow up when a patient does not schedule required testing
- Inadequate coordination between a primary care provider and a cancer care team
Research consistently shows that longer intervals between cancer diagnosis and the completion of staging are associated with worse outcomes. For many cancer types, delays of even four to eight weeks have been linked to lower survival rates and reduced treatment effectiveness.
A staging delay may mean that surgery that was once curative is no longer an option.
Establishing Liability for a Staging Delay Under New Mexico Law
Staging delays can sometimes constitute malpractice. Under NMSA Section 41-5-1 a successful malpractice claim requires showing:
- That a provider failed to meet the standard of care in moving the patient through the diagnostic process
- That the delay allowed the cancer to advance
- That the advanced cancer caused harm the patient would not otherwise have suffered
These claims generally require expert oncology and radiology testimony to establish what the appropriate timeline should have been and how the delay affected the patient’s prognosis and treatment options.
Contact an Experienced Cancer Malpractice Lawyer for Help
A staging delay can fundamentally change a patient’s prognosis and treatment options. If your cancer advanced because providers failed to move through the diagnostic process in a timely manner, you may have a medical malpractice case.
A successful malpractice claim can help you recover money for your medical bills, lost income, pain and suffering, and other damages related to your delayed treatment and diagnosis.
For help determining your options, you should contact a Las Cruces medical malpractice attorney. Coates & Johnson, PLLC offers free consultations.