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Cancer diagnosis. It’s a shocking moment for anybody. You get the news from your doctor and have to immediately consider all that it means for you, your loved ones, and the world around you. But, the truth is that not all cancer diagnoses are created equal.

The earlier a cancer is caught, the greater the odds are of overcoming the diagnosis to live a long and prosperous life. Early detection through screenings, diligence, and medical professionals doing their part to keep you healthy all matter in getting this right. Unfortunately, people get late-stage cancer diagnoses every year. It’s easy to think what might’ve happened if it was caught earlier, but is there actual legal recourse if your doctor should have caught it earlier and failed? Is it medical malpractice?

What Would Cause a Missed Cancer Diagnosis?

A delayed diagnosis stems from medical professionals missing, ignoring, and misinterpreting symptoms and side effects of a disease or injury. In some cases, it’s hard to discern from one to the next. However, medical professionals can’t afford to misdiagnose or delay an accurate diagnosis of cancer patients. Time is of the essence.

Doctors may miss a cancer diagnosis due to factors including:

• Mistaking symptoms for another disease or injury
• Dismissing concerning signs and symptoms as minor
• Ignoring a patient’s request for care
• Failing to conduct the proper tests
• Assuming that a previous symptom disappeared merely because it’s not present currently
• Poor doctor-patient communication
• Showing bias based on race, age, gender, sexual preference, or other identity markers

Regardless of the reason, a misdiagnosis of cancer is an alarming development.

Is a Missed or Delayed Diagnosis for Cancer Medical Malpractice?

When does all of this enter into the medical malpractice territory? It’s not something we’re able to draw a definitive line on, because these cases are complex. Certain courts and certain venues will view these cases differently than the next. 

Doctors have a duty of care, though, that more clearly draws a line here. If your doctor(s) failed to uphold that duty by ignoring your pleas, failing to conduct tests that a typical doctor would have known to conduct or any of the above reasons in a way that fell short of their oath, then medical malpractice could be in play.

The difference between Stage 1 and Stage Stage 4 cancer is massive. Getting a diagnosis during Stage 1 could mean avoiding the metastization of the disease, keeping it isolated and easier to manage. Unfortunately, diagnosis at Stage 4 is often too late.

Protect Your Money and Your Health

It’s important to prioritize your health in the midst of a misdiagnosis or delayed diagnosis of cancer. Getting a second opinion, coming up with and following a treatment plan, and taking care of yourself is priority number one.

Somewhere on your list of priorities is covering the cost of care and recovering the financial damages you suffer due to the failure on the part of your medical provider(s). At Silberstein, Awad & Miklos, we help the people of New York City through complex medical malpractice litigation to ensure they have the best possible financial care during tough times. Contact our law office if you believe you’ve been the victim of medical malpractice and need to speak to an attorney.