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Medical Malpractice - Failure to Diagnose Cancer

One of the most frequent types of cases seen in medical malpractice is the failure to diagnose cancer case. While the medicine differs somewhat with different types of cancers, some general principles apply to the analysis of all failure to diagnose cancer cases. It is often best to work backwards in the analysis and tackle the question of proximate cause first. That is because even if there was a negligent failure to diagnose in a timely fashion, if the delay in diagnosis caused no further harm, then the case will fail. Proximate cause is the most difficult part of a failure to diagnose cancer case. For example, in a case of failure to diagnose lung cancer, a delay in diagnosis of less than six months generally means that the claim will be difficult to prove. Obviously, it all depends on the stage of the cancer when finally discovered, and working backwards to try to determine what stage it was in when the alleged negligent act occurred.

In failure to diagnose breast cancer cases, one of the key questions is whether there have been metastases into the lymph nodes and how many nodes are affected. There exists a staging system based on number of lymph nodes involved, size of tumor and other factors. If enough time has elapsed between the alleged negligent act and the discovery of the cancer, oncologists can extrapolate backwards in time using typical growth rates of tumors and statistical evidence that has been gathered over the years to estimate the size and stage of the cancer at the time of the negligent act.

The specific type of cancer is also important. Different types have different growth patterns and different prognostic implications at different times. Most of the time, a failure to diagnose cancer claim requires a review of the medical records and many times consultation with an oncologist or other specialist.

Contact attorney Ken Hovermale to discuss the merits of your failure to diagnose cancer medical malpractice case. Call toll free 1-800-780-7231.

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