Posted in: Medical Malpractice | Jan 28,2025

Cancer misdiagnoses occur at an alarming rate, negatively impact long-term survival rates, and cause additional unnecessary harm. One study found that more than one-third of diagnostic errors leading to death or permanent disability were linked to misdiagnosed cancers. Another found that missed cancer diagnoses represented 46% of primary care diagnostic errors. While the harm suffered is not irreversible, understanding how to hold healthcare providers accountable can help provide a path forward for patients.

 

Two Types of Cancer Misdiagnoses

False Positives: A false-positive cancer diagnosis can result from errors in testing, misread imaging, incorrect biopsy results, or laboratory mix-ups. For those misdiagnosed as having cancer they do not have, unnecessary chemotherapy, radiation, or surgery can result in infections, organ damage, and long-term health issues. Lasting fear, anxiety, and depression can accompany a misdiagnosis, even after learning it was incorrect.

Missed Diagnoses: A missed or delayed cancer diagnosis can happen if doctors misjudge symptoms as minor ailments or misinterpret diagnostic imaging. For those whose cancers are missed entirely or not diagnosed until advanced stages, there are fewer available treatments and significantly lower survival rates. Patients with undiagnosed cancer must often endure more aggressive and invasive treatments when the disease is finally identified, adding to their physical and emotional burden.

 

Proving Your Cancer Misdiagnosis Malpractice Case

Proving medical malpractice in a cancer misdiagnosis case requires substantial evidence and an understanding of a plaintiff’s responsibilities through the legal process. One of the most important things you can do is gather medical records. They provide a clear timeline of events, including your first reporting of symptoms, healthcare providers’ diagnostic efforts, and care provided through all interactions. Under federal law, you have the right to receive copies of your medical records. Be sure to request everything, including imaging scans, lab results, and notes from all the healthcare providers involved in your treatment. There are four essential elements of proving a cancer misdiagnosis medical malpractice claim:

 

• Establishing a Doctor-Patient Relationship: You must show that the doctor or provider was responsible for your care. This doctor-patient relationship is easier to prove if you have records of official appointments, diagnostic tests, and treatment notes. Collect appointment records, diagnostic test orders, and any written or digital correspondence with your doctor. These documents will confirm the provider was responsible for diagnosing and treating you. 

 

• Demonstrating a Breach of the Standard of Care: Healthcare professionals are expected to act with skill and caution during diagnosis and treatment. If a provider failed to do what a competent doctor would have done in a similar situation, they may have breached the accepted standard of care.
  
  In cancer misdiagnosis cases, examples of failing to meet this set standard may include:

• • Misreading imaging, such as mammograms or CT scans
  • Not ordering necessary follow-up tests, including biopsies or advanced imaging
  • Ignoring or dismissing symptoms that might reasonably indicate cancer
  • Poor communication between medical providers leads to overlooked symptoms or a missed diagnosis
• Write down everything you can remember about your medical care. Were your symptoms dismissed or not taken seriously? Did the doctor fail to explain the test results or recommend further testing? Share all this information with your medical malpractice lawyer, who can help determine if the provider’s actions were negligent.

 

• Proving Causation: It is, unfortunately, not enough to simply show that a mistake occurred. You must also show that the doctor’s negligence directly caused harm. Causation is often the most challenging part of a cancer misdiagnosis case to prove.
  
  If you received a delayed cancer diagnosis, you’ll need to show that earlier treatment would have improved your chances of recovery. If you received a cancer misdiagnosis, you must show how unnecessary chemotherapy, surgery, or other treatments caused harm.
  
  In addition to gathering medical records, documenting symptoms, and maintaining a detailed timeline of your medical journey, your attorney can further strengthen your case by consulting with expert witnesses. Medical experts in the same specialty as your provider can review the evidence and provide testimony linking the negligence to the harm you experienced. Additionally, you can compile communication records, including emails or messages with healthcare providers, to highlight missed opportunities or errors in diagnosis and treatment. These details help connect the dots between the doctor’s mistake and your harm.

 

• Establishing Damage: Finally, your attorney will need to show the impact the misdiagnosis made on your life. Damages may include:
  • Physical harm, like worsened cancer outcomes or side effects from unnecessary treatments
  • Emotional suffering, such as anxiety, depression, or fear stemming from the misdiagnosis
  • Financial losses, including medical bills, lost wages, and future care costs

Gather any records showing the misdiagnosis’s physical, emotional, and financial toll. Documents may include invoices for treatment, proof of lost income, and witness statements attesting how the misdiagnosis affected you.

 

Find a Path Forward with a Cancer Misdiagnosis Lawyer

Montross Miller has more than 45 years of experience navigating the complexities of malpractice and misdiagnosed cancer lawsuits. We’re here to help patients and their families gather evidence, consult with medical experts, and light a path forward while holding negligent providers accountable.

If you have questions about a cancer misdiagnosis that has impacted you or a loved one, contact Montross Miller today for a free case evaluation. We are here to offer answers and guidance and help you understand your legal options.