Medical Malpractice > Misdiagnosed Cancer

Cancer Misdiagnosis Lawyer

Many forms of cancer are treatable when detected at an early stage. Early detection and treatment can dramatically increase the chances of recovery. Likewise, a delayed or missed cancer diagnosis can be detrimental to a patient’s outcome. The patient may suffer if a doctor fails to order necessary tests or interpret test results correctly. In some circumstances, the delay in diagnosis can allow cancer to advance, spread, or become fatal. 

We have represented many patients whose cancer has been misdiagnosed or experienced an unnecessary delay in diagnosis. When we evaluate claims of misdiagnosed cancer medical malpractice, we consult with oncologists to determine the extent of the damages and the role of negligence in the patient’s outcome.  

If you believe that your cancer developed or worsened due to a doctor’s missed or delayed diagnosis, contact Montross Miller for a case review. We will listen to your story, answer your questions, and help you determine what to do next. From this point forward, you will have the help and support of an experienced, highly skilled legal team.

Do I Have a Cancer Misdiagnosis Lawsuit?

Few events in life are as scary as a cancer diagnosis. We rely on our healthcare providers to assess our symptoms and address the possibility of the most severe conditions to preserve our lives. Timely diagnosis and treatment can be the difference between life and death. 

The medical malpractice lawyers at Montross Miller can review the details of your case to determine if you have grounds for a misdiagnosis lawsuit. We will carefully examine medical records and consult with medical experts to prove that the patient’s cancer should have been diagnosed sooner and that an earlier diagnosis would have had a profound effect on the patient’s outcome. 

To be successful in a medical malpractice case in Indiana, one must prove: that the doctor owed a duty of care to the patient, that the doctor’s actions departed from the accepted standard of care, that that departure resulted in serious injury or illness, and that the patient suffered damages as a result of the doctor’s actions or inaction. 

When Does Misdiagnosis Constitute Malpractice?

A delayed or missed cancer diagnosis does not always constitute medical malpractice. In some situations, cancer develops and progresses so rapidly that it will have become advanced by the time the patient complains of symptoms. In other cases, an exceedingly rare disease might reasonably be misidentified. In other cases, ultrasound scans and test results might be so ambiguous as to make diagnosis uncertain.

In misdiagnosis cases, one must prove that the doctor or healthcare professional failed to uphold the standard of care in their field of practice. The “standard of care” is the type and level of care that a practitioner in the same field with the same training would have carried out under similar circumstances. In a misdiagnosis case, you must prove that another doctor in the same circumstances would have made a correct diagnosis in a timely manner. 

Causes of Cancer Misdiagnosis

What kinds of mistakes can lead to the misdiagnosis of cancer? There are many different ways that a doctor or laboratory technician can fail to diagnose cancer properly. Some of these include:

  • Failure to diagnose cancer based on typical symptoms or readily available tests
  • Failure to order necessary tests
  • Failure to order a necessary biopsy
  • Failure to consider the patient’s family history of cancer
  • Failure to refer the patient to a specialist
  • Failure on the part of the radiologist or ultrasound technician to perform a scan properly
  • Failure to follow up on an abnormal test result
  • Misinterpretation of a scan or test results
  • Failure to communicate test results to the patient
  • Failure to communicate with other specialists or caregivers
  • False diagnosis of cancer, causing the patient to undergo unnecessary radiation or high-risk treatment

Get the Answers You Need.

Since 1980, Montross Miller has helped people across Indiana who have been seriously harmed by medical negligence. The Medical Malpractice Act of Indiana dictates specific steps that injured patients and their families must follow and limits the damages victims can recover in a malpractice case. Our attorneys are intimately familiar with the rules and procedures involved in the process. We have an extensive network of physician experts, and an attorney on staff who is a medical doctor. Contact us today to get started. 


Get the answers.
With the right
team by your side,
you get the clarity
you deserve.


We win like a boss.
We know complex
cases so well that
other attorneys call
us for help.


High five. Move
forward knowing
we’ll take care of
you after the case
is complete.


Nate consulted with medical experts, dug in and proceeded with the civil suit. I remember him telling me several times that [my wife’s] story was compelling and was deserving of his team’s full commitment and skill. We eventually settled before trial and were thrilled with the results, we felt justice prevailed. Nate was patient, thorough and a trusted advisor to us through this.


He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband. Now, he will be taken care of for the rest of his life.


Scott did a truly amazing job for us. It was not just about the legal work; he was there for us every step of the way. From rehab, through settlement and even making sure appropriate financial arrangements were in place for the future. He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband.


Belinda was very responsive. I am very pleased. They are great at what they do.


Mike Miller and the firm were all excellent to work with and were extremely professional.


We worked with Brad Kallmyer who was phenomenal. He listened well and was very thorough and professional. I give all the credit to Brad. The staff was very kind, very understanding. They made my mom feel important. Brad’s integrity and the firm came through for us. They were great.


Words cannot express how tremendously grateful my husband and I are to Nate and his team during the most difficult times in our lives. He walked us through every step with the up most respect, never hesitating to answer any and all questions, or simply giving us a word of encouragement. It was a relief to know that he was always on our side, fighting for our case and believing that it was worth fighting for.