Issues In Missed Cancer Diagnosis Malpractice Cases

Anytime a doctor makes a wrong diagnosis, or misses a diagnosis, it’s a bad thing, and patients can get sicker—sometimes, much sicker than they would have been had the diagnosis been made properly from the start. But nowhere is that more relevant and true, than when it comes to cancer diagnosis—or missed cancer diagnosis.

Cancer is Different

All missed medical diagnoses are bad, but cancer presents a special problem. That’s for two reasons. First obviously, untreated, cancer is deadly. But secondly, because over time, cancer grows, if left untreated.

When a doctor misses a cancer diagnosis, and a patient feels he or she has been a victim of medical malpractice because of the missed diagnosis, there are special causation issues that can arise in these kinds of cases.

Could it Have Been Caught in Time?

The primary question in these kinds of cases is whether, had the doctor properly identified and properly treated the cancer, the patient would have been better off than the patient is now. In other words, did the missed diagnosis actually cause the spread of the cancer to where it is today? Or would it have been too late, even if properly identified?

So, when a doctor misses a cancer diagnosis, we need to ask whether, at that point it would have been treatable if properly diagnosed. This isn’t an easy question to answer because there is no definitive timeline as to when cancer is treatable, and when it crosses the line, and has spread too far to be treatable.

There are cases where patients just wait too long; by the time they see their doctor the cancer has spread and even if the doctor had perfectly diagnosed and treated the cancer, it would have been too late anyway. In that case, medical malpractice will be difficult to prove, because it cannot be said that the doctor caused the injury (the spread of the cancer).

But in other cases, medical experts can say yes, had the cancer been identified and treated at the point the patient saw the doctor, the cancer could have been spread, or at least, slowed down.

Why Diagnosis Can be Difficult

Cancer diagnosis can be tricky for doctors, and missing a cancer diagnosis, or a symptom that would have alerted a doctor to the fact that perhaps cancer should at least be ruled out, is not uncommon. This is because many symptoms of cancer mimic symptoms of other (often much less severe) diseases and ailments.

Standard of Care

In missed cancer diagnosis, the question isn’t whether the doctor missed some sign or symptom of cancer. The question is whether a similar reasonable doctor, given the same symptoms and circumstances, would have considered, and tested for the presence of cancer.

Your Role

Remember you play a role in proper cancer diagnosis as well. Always be sure to tell your doctor all your symptoms, even those you may consider to be irrelevant or unrelated to cancer. You never know when something you consider to be insignificant, may be a trigger for a doctor to want to order a test just to be on the safe side.

Have you been a victim of medical malpractice? We can help. Contact our Rhode Island injury lawyers at Robert E. Craven & Associates at 401-453-2700.

Sources:

pubmed.ncbi.nlm.nih.gov/31338938/

webmd.com/cancer/cancer-misdiagnosis-how-handle