Delayed Cancer Diagnosis and Medical Malpractice

A delayed diagnosis involves a situation where a patient seeks medical assistance for symptoms that they are experiencing, but the medical condition that is causing those symptoms is not diagnosed within a reasonable amount of time.

Sadly, in some cases, a delayed diagnosis relating to cancer is the result of negligence by a medical professional. When there is this type of delay, by the time a patient learns about the actual diagnosis, there is a serious possibility that the cancer may have spread, and the outlook for the patient’s full recovery may be increasingly compromised.

The attorneys at HPS see this type of negligence by a medical professional frequently. For example, our firm secured a $4.1 million wrongful death settlement for our clients, the family of the victim, who did not receive the proper and timely diagnosis and treatment for cervical cancer. We also obtained a $2.25 million settlement on behalf of our client who suffered from a delay in treatment for brain cancer. As a result, our client needed around-the-clock home care because her health continued to rapidly decline.

Why Is a Timely Cancer Diagnosis So Crucial?

When a patient is a victim of a delayed diagnosis of cancer, they may miss important treatment options. Breast cancer is an instructive example. According to the National Cancer Institute, 12.9% of women born in the United States today will develop breast cancer at some time during their lives.

The five-year survival rate with localized or early-stage breast cancer is 99%, according to the American Cancer Society. However, if the disease is advanced when discovered, the five-year survival rate drops. Thus, early detection and treatment can make a significant difference to a woman’s health and survival.

What are the Legal Elements to Prove Liability for a Delayed Cancer Diagnosis?

To establish negligence by the medical professional for medical malpractice, you must be able to prove the following:

• The doctor or other medical professional had a duty of care.
• The duty of care was breached.
• The breach was the proximate cause of your injuries.
• Your injuries are compensable.

If you are able to show these four elements of a medical malpractice cause of action, you will have shown, in essence, that the medical professional was negligent by failing to meet the standard of care.

A delayed diagnosis that can be qualified as medical malpractice negligence can include failure by the medical professional to:

• Thoroughly review a patient’s medical history.
• Carefully examine a patient and identify cancer symptoms.
• Order the appropriate tests, which could include blood tests, CT scans or X-rays.
• Accurately interpret those test results.
• Inform the patient on a timely basis about the test results.

Note that if you have been harmed by a delayed cancer diagnosis, in most cases, you have two years from the date of discovery of the failure to bring your suit. The outcome of a medical malpractice case is influenced by a number of factors based on the condition that was misdiagnosed or overlooked, the severity of your injuries, and the impact on your health, well-being, finances, and lifestyle.

Get Help from an Orlando Delayed Diagnosis Attorney

Osborne Francis & Pettis is recognized as a top medical malpractice law firm, known for our high ethical standards, professional skill and personalized attention. We have many years of experience successfully representing our clients in cancer misdiagnosis or delayed diagnosis cases. If you believe that you or a loved one has suffered harm due to a delayed cancer diagnosis, do not delay in contacting Osborne Francis & Pettis for a free consultation so we can help evaluate your claim.