Receiving the news that you have an advanced form of cancer is one of the most upsetting experiences a person and their family can go through. While some cancers are very challenging to detect until their later stages, advances in diagnostic tools have significantly improved the possibilities for early detection in many cases. It’s natural to wonder why you’re finding out so late, and whether there was any way it could’ve been found earlier.
Unfortunately, delayed cancer diagnoses can happen due to a variety of factors, including errors on the part of doctors and other medical professionals. If you believe your doctor made a mistake in failing to diagnose you sooner, you may have a medical malpractice claim against them. Contact Gill Law Firm today to learn more about your legal rights and options for pursuing a claim against a negligent provider.
What Are Some Ways Delayed Cancer Diagnoses Can Occur?
A delayed cancer diagnosis can occur at many stages of medical evaluation, from the patient’s first visit to a specialist to the interpretation of test results. Even a short delay can make a major difference in treatment options and survival rates. Several common factors can contribute to a missed or late diagnosis and cause unnecessary delays, resulting in patients losing valuable time to pursue effective treatment:
- Failing to order appropriate diagnostic tests when symptoms suggest cancer
- Misreading or misinterpreting the results of imaging tests like X-rays, CT scans, or MRIs
- Failing to follow up on abnormal test results or lab findings
- Mistaking cancer symptoms for a less serious condition and not referring the patient to a specialist
- Communication breakdowns between doctors, specialists, or testing facilities
- Lost or misplaced test results, particularly in busy medical settings
- Administrative errors, such as scheduling delays or data entry mistakes in medical records
What Are Some Potential Consequences of a Delayed Diagnosis?
A delayed cancer diagnosis can have serious physical, emotional, and financial consequences for patients and their families. When treatment begins later than it should, the disease may progress beyond the point where certain options are effective. Some typical outcomes of a delayed diagnosis include:
- The cancer advancing to a higher stage
- The need for more aggressive or invasive treatment
- Increased risk of complications or recurrence
- Reduced life expectancy
- Higher medical costs and longer recovery periods
- Emotional distress and anxiety about the missed opportunity for earlier care
Compensation Available in a Delayed Cancer Diagnosis Claim
Victims of delayed cancer diagnoses due to medical negligence may be entitled to pursue compensation for the resulting personal and financial losses. The types and amounts of compensation available depend on the specifics of each case, but may include:
- Medical expenses related to additional or prolonged treatment
- Future medical costs for ongoing care
- Costs of in-home or long-term care
- Out-of-pocket expenses for medications and transportation
- Lost income and loss of future earning capacity
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium for spouses or family members
- Wrongful death damages when the delay proves fatal
Proving a Delayed Diagnosis
For your Arizona delayed cancer diagnosis claim to succeed, you must show that a healthcare provider failed to meet the accepted standard of care and that this failure directly harmed you. Arizona law requires you to prove that a reasonably competent doctor in the same situation would have identified the cancer sooner and that the delay worsened your condition or limited your treatment options.
To do this, you’ll need detailed medical evidence, potentially including input from an independent medical expert who can review the facts and evaluate the strength of your claim. Evidence that can support a delayed cancer diagnosis claim may include:
- Medical records showing your visits, test orders, and results
- Diagnostic imaging and lab reports
- Documentation of symptoms your doctor missed or ignored
- Notes or correspondence between healthcare providers
- Testimony from medical experts about the standard of care
- Records of referrals or lack of follow-up appointments
- Communication logs or patient portal messages showing delays in response
- Insurance or billing records showing when tests or treatments were performed
Because hospitals and providers may only retain records for a limited time, it’s important to begin gathering evidence as soon as possible. Early action helps preserve key evidence and establish a clear timeline that shows how the delay affected your diagnosis and treatment.
How Much Time Do You Have to File a Claim?
Most Arizona medical malpractice claims are subject to a two-year statute of limitations, with the deadline being two years from the date the injury was discovered or reasonably should have been discovered. However, this rule can be complicated in delayed diagnosis cases because the harm may not become apparent right away, and it may be hard to determine precisely when the cancer should have been discovered.
Due to the tight deadlines around these cases and the need to start gathering evidence quickly, it’s best to speak with an attorney as soon as possible to preserve your right to seek compensation.
Why You Need a Medical Malpractice Attorney on Your Side
Going through cancer treatment and processing your emotions following a delayed diagnosis can be stressful and exhausting. You need all the time and space you can get to focus on your health – not to be burdened with navigating a confusing legal process.
This is where having experienced legal guidance can make a substantial difference in your experience and the outcome of your delayed diagnosis claim. A skilled medical malpractice attorney can review your medical records and consult qualified experts to identify where a provider’s actions fell short of accepted standards. They can also handle communications with insurers and healthcare institutions, who will have their own legal teams working to limit their liability.
Without legal representation, it’s easy to overlook procedural requirements or miss filing deadlines that can weaken your case. Having a lawyer on your side allows you to focus on what matters most while someone experienced in medical negligence law gathers the evidence and builds the strongest possible argument on your behalf.
Contact an Arizona Medical Malpractice Attorney to Discuss Your Options
If you received a cancer diagnosis you believe should have been discovered earlier, you may be eligible for compensation for the resulting harm you’ve suffered. The team at Gill Law Firm can help. We support clients throughout Arizona who have been hurt by medical providers’ negligence and have recovered millions on their behalf. Contact us today to get started with a free consultation, and pay no legal fees unless we recover compensation for you.