When a Delayed Cancer Diagnosis Changes the Course of a Life
A cancer diagnosis can change everything.
When cancer is discovered early, the treatment options available to a patient may be different than they would be after the disease has progressed. In some circumstances, a delay in diagnosing cancer can allow the disease to advance before appropriate treatment begins.
If a doctor failed to recognize concerning symptoms, failed to properly evaluate abnormal findings, failed to order appropriate testing, or failed to recognize and act on evidence of cancer, the consequences can be devastating.
But a cancer diagnosis does not automatically mean that medical malpractice occurred.
Determining whether a delayed cancer diagnosis was the result of medical negligence requires a careful review of the patient's medical history, records, test results, imaging, pathology, and the circumstances surrounding the diagnosis.
At Diez-Arguelles & Tejedor, our Orlando medical malpractice attorneys represent patients and families who believe a cancer diagnosis was delayed because of negligent medical care.
If you or someone you love has suffered because cancer was diagnosed too late, contact us for a confidential consultation.
Call (407) 705-2880.
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A Delayed Diagnosis Can Mean More Than Lost Time
Discovering that you have cancer after months of unexplained symptoms, abnormal test results, or missed warning signs can raise difficult questions about whether the cancer should have been diagnosed sooner.
You may wonder whether your symptoms were properly evaluated, whether additional testing should have been ordered, or whether an abnormal imaging study, laboratory result, or biopsy was appropriately addressed. You may also question whether a follow-up was missed and, ultimately, whether an earlier diagnosis could have changed your treatment options or prognosis.
Those questions cannot be answered simply by looking at when the cancer was diagnosed.
Cancer does not behave the same way in every patient. Some cancers develop slowly, while others can progress more quickly. Understanding whether a delay in diagnosis caused additional harm requires careful consideration of the type of cancer involved, its stage and characteristics at the relevant time, the treatment options that were available, and whether an earlier diagnosis would likely have changed the patient's outcome.
A medical malpractice claim involving a delayed cancer diagnosis requires evidence addressing these issues and establishing whether the care provided met the applicable standard and whether any failure to diagnose or treat the cancer sooner caused compensable harm.
What Is a Delayed Cancer Diagnosis?
A delayed cancer diagnosis occurs when cancer is not diagnosed within the time it reasonably should have been diagnosed based on the patient's symptoms, medical history, test results, and other circumstances.
A delayed diagnosis may occur because a cancer is:
- Not considered as a possible diagnosis
- Misdiagnosed as another condition
- Not appropriately investigated
- Not detected on imaging or other testing
- Not followed up after an abnormal result
- Not referred to an appropriate specialist
- Not confirmed through appropriate diagnostic testing
- Not communicated to the patient or another treating provider in a timely manner
The important legal question is not simply whether the diagnosis was delayed.
The question is whether the delay resulted from a failure to meet the applicable professional standard of care and whether that negligence caused additional harm.
How Can Cancer Be Misdiagnosed or Diagnosed Too Late?
Cancer diagnosis can involve several different stages of medical evaluation.
A patient may first report symptoms to a primary care physician. The doctor may perform an examination, order laboratory testing or imaging, or refer the patient to another provider. If something concerning is found, additional diagnostic testing may be necessary.
The National Cancer Institute explains that there is no single test that can diagnose every cancer. Depending on the circumstances, physicians may use medical history, physical examinations, laboratory tests, imaging, and other procedures. In many cases, a biopsy is needed to determine whether abnormal tissue is cancer.
A problem can arise when an appropriate step in that process is missed.
For example, a provider may:
Fail to Recognize Concerning Symptoms
Some symptoms can have many possible causes. A doctor may need to consider a patient's history, risk factors, physical findings, and other information when determining whether additional evaluation is appropriate.
Fail to Order Appropriate Testing
When symptoms or other findings warrant additional evaluation, failing to order appropriate testing may delay the eventual diagnosis.
Misinterpret an Imaging Study
Cancer may sometimes appear on imaging studies such as X-rays, CT scans, MRI studies, mammograms, or other diagnostic imaging.
A failure to recognize or appropriately interpret a suspicious finding can potentially contribute to a delayed diagnosis.
Fail to Follow Up on Abnormal Results
An abnormal test result may require additional evaluation, repeat testing, referral, or other follow-up.
When important results are overlooked or not appropriately acted upon, a diagnosis can be delayed.
Fail to Refer a Patient to a Specialist
Certain symptoms or findings may warrant evaluation by a specialist.
A failure to make an appropriate referral can delay additional testing and treatment.
Misdiagnose Cancer as Another Condition
Cancer symptoms can resemble other illnesses or conditions.
When a patient is repeatedly treated for another condition without appropriate consideration of cancer, the underlying disease may continue to progress.
Fail to Perform or Follow Up on a Biopsy
In many cases, a biopsy is necessary to establish a definitive cancer diagnosis. A failure to appropriately obtain, process, interpret, or follow up on a biopsy can have serious consequences.
Cancer Stage Can Matter When Evaluating a Delayed Diagnosis
Cancer stage describes how extensive the cancer is, including the size of the tumor and whether it has spread to nearby lymph nodes or other parts of the body.
The stage of cancer can influence treatment decisions and prognosis.
This is particularly important when investigating a potential delayed-diagnosis case.
An attorney and medical experts may need to determine:
- What stage the cancer was likely at when it should have been diagnosed
- What stage the cancer was when it was actually diagnosed
- Whether the cancer progressed during the period of delay
- What treatment options were available earlier
- What treatment was ultimately required
- Whether earlier treatment would likely have produced a different outcome
- Whether the delay caused additional injury, treatment, disability, or other losses
These are medical questions that generally require qualified expert analysis.
A Cancer Diagnosis Does Not Automatically Mean Medical Malpractice
Not every delayed diagnosis is negligence.
Cancer can be difficult to diagnose. Symptoms can be nonspecific. Tests can have limitations. Screening can produce false-positive and false-negative results, and not every screening test is appropriate for every person. The National Cancer Institute recognizes both the benefits and limitations of cancer screening and explains that screening tests are not themselves diagnostic.
For that reason, a medical malpractice claim cannot be based simply on the fact that cancer was eventually discovered.
The evidence must establish that the health care provider failed to meet the applicable prevailing professional standard of care and that the failure caused the patient's injury.
Florida law specifically places the burden on a medical negligence claimant to prove that the health care provider breached the prevailing professional standard of care. The existence of an injury by itself does not create a presumption of negligence.
That distinction is critical in delayed cancer cases.
What Evidence Can Help Establish a Delayed Cancer Diagnosis?
A delayed cancer diagnosis case can require an extensive review of the patient's medical history.
Evidence may include:
- Medical records
- Primary care records
- Specialist records
- Emergency room records
- Hospital records
- Laboratory results
- Imaging studies
- Radiology reports
- Pathology reports
- Biopsy results
- Medication records
- Referral records
- Communications between providers
- Medical billing records
- Treatment records
- Cancer staging information
- Oncology records
- Witness information
The National Cancer Institute explains that pathology reports can provide the definitive diagnosis of cancer and can contain information used to determine the cancer's characteristics and stage and help guide treatment.
Reviewing these records can help establish a timeline of what happened and identify where a potentially preventable delay occurred.
How We Investigate Delayed Cancer Diagnosis Cases
At Diez-Arguelles & Tejedor, our existing medical malpractice practice specifically describes reviewing lab tests, radiology films, and medical records and working with credentialed and experienced medical professionals who serve as consulting experts.
A delayed cancer diagnosis case may require reviewing the patient's treatment from the earliest symptoms through the eventual diagnosis.
We may examine:
The patient's symptoms and medical history
What did the patient report, and what information was available to the treating provider at the time?
Testing and imaging
What tests were ordered? What did they show? Were concerning findings present?
Radiology and pathology
Were imaging studies and pathology reports properly interpreted and acted upon?
Follow-up care
Were abnormal results communicated and appropriately followed?
Referrals
Should the patient have been referred to another physician or specialist?
The timeline
When should cancer reasonably have been suspected or diagnosed, and when was it actually diagnosed?
The effect of the delay
Did the delay cause the cancer to progress or otherwise result in additional harm?
Medical experts can then evaluate the applicable standard of care and the medical consequences of the delay.
What Damages May Be Available?
When a delayed cancer diagnosis results in additional harm, the physical, emotional, and financial consequences can be significant. The losses will depend on the nature of the cancer, the impact of the delay, and how the patient's treatment and prognosis were affected.
Depending on the circumstances, a medical malpractice claim may seek compensation for:
Additional Medical Treatment
A delayed diagnosis may require more extensive treatment, such as surgery, chemotherapy, radiation, medication, hospitalization, rehabilitation, or other medical care.
Additional Medical Expenses
Patients and their families may face substantial medical costs associated with treating cancer and addressing complications or conditions that may have resulted from a delayed diagnosis.
Lost Income
Cancer and its treatment may prevent a person from working, require time away from employment, or reduce the ability to earn income.
Loss of Future Earning Capacity
When cancer or its treatment causes a lasting disability or significantly affects a person's ability to work, the resulting reduction in future earning capacity may be considered as part of the claim.
Pain, Suffering, and Emotional Distress
Cancer, more extensive treatment, and the uncertainty surrounding a delayed diagnosis can result in significant physical pain, emotional distress, disability, and changes to a person's quality of life.
Permanent Impairment or Disfigurement
In some cases, a delayed diagnosis may lead to more extensive surgery or treatment, including the removal or loss of organs, tissue, or other parts of the body, resulting in permanent physical changes or impairment.
The damages that may be available depend on the specific facts of the case and the evidence connecting the medical negligence to the harm suffered. A careful evaluation is necessary to determine what losses can be established and what compensation may be available under Florida law.
When a Delayed Cancer Diagnosis Leads to Death
n some cases, a delayed cancer diagnosis may contribute to a patient's death.
When medical negligence results in death, the circumstances may support a wrongful death claim under Florida law.
The rights of surviving family members and the estate are governed by Florida's Wrongful Death Act, and the damages available depend on the circumstances and relationship between the deceased and the survivors.
Our firm also handles wrongful death cases involving medical negligence.
Florida Medical Malpractice Claims Have Strict Deadlines
Delayed cancer diagnosis cases can present a particularly difficult statute-of-limitations issue because the patient may not discover the alleged negligence when it occurs.
Florida generally provides that a medical malpractice action must be commenced within two years from the time the incident occurred or within two years from when the incident was discovered, or should have been discovered through the exercise of due diligence.
Florida law also generally imposes a four-year outside limit from the date of the incident, subject to statutory exceptions. Certain cases involving fraud, concealment, or intentional misrepresentation may be subject to different rules, and special provisions apply to some claims brought on behalf of minors.
Because a delayed cancer diagnosis may involve questions about when an injury was discovered or should have been discovered, determining the applicable deadline can require careful legal analysis.
Do not assume that the deadline begins on the date you were finally diagnosed with cancer.
If you believe a cancer diagnosis was delayed because of medical negligence, have the circumstances reviewed as soon as possible.
Florida's Medical Malpractice Presuit Process
Medical malpractice claims in Florida have additional requirements before a lawsuit can be filed.
A claimant must generally conduct a reasonable presuit investigation and obtain the required medical support for the claim. Florida law defines the investigation to include an attorney's review of the claim against each potential defendant, consultation with a medical expert, and a written opinion from that expert.
After the presuit investigation, the prospective defendants must generally receive notice of the intent to initiate litigation.
A lawsuit generally cannot be filed for 90 days after the notice is delivered. During that period, the prospective defendant or its insurer conducts an investigation of the claim.
This process makes medical malpractice cases different from many other personal injury claims.
It also makes early investigation important.
Why Experience Matters in Delayed Cancer Cases
Finding out that cancer could have been diagnosed earlier can be devastating.
You may be wondering whether the cancer should have been discovered sooner, whether a test result was overlooked, or whether an earlier diagnosis could have changed the treatment you needed.
Those questions deserve a careful review.
Diez-Arguelles & Tejedor can review the medical records, diagnostic testing, imaging, pathology, and other evidence involved in your care and work with qualified medical professionals when necessary to evaluate whether medical negligence may have occurred.
Seeking Answers After a Delayed Cancer Diagnosis
If you believe you or someone you love suffered because of a delayed cancer diagnosis, contact Diez-Arguelles & Tejedor for a confidential consultation.
Call Diez-Arguelles & Tejedor at 1-888-888-3773 to discuss your legal options in a free consultation.
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