One of the most common questions asked is, “How do you prove that a delayed cancer diagnosis was medical malpractice?” The answer starts with the evidence.
Not every delayed diagnosis is the result of negligence. But when a healthcare provider fails to meet the accepted standard of care and that delay causes a patient’s cancer to progress, there may be grounds for a medical malpractice claim.
How Is Negligence Proven in a Delayed Cancer Diagnosis Case?
In almost every delayed diagnosis case, one of the first things we do is work with a qualified medical expert. That expert carefully reviews all of the available medical records to determine whether the appropriate standard of care was followed.
Those records may include:
- Electronic medical records
- Hospital records
- Physician notes
- Laboratory reports
- Imaging studies
- Pathology reports
The purpose is to determine whether warning signs were missed or whether the diagnosis should have been made sooner.
What about self cancer tests?
People also ask whether someone can be held responsible when a cancer screening test, such as a Cologuard® test, is not interpreted correctly. The answer is, possibly. A screening test is only one part of the diagnostic process. After the sample is collected, it must be analyzed and reported accurately.
Depending on the circumstances, an investigation may look at:
- How the sample was processed
- Whether the laboratory followed proper procedures
- Whether the results were interpreted correctly
- Whether the report was communicated appropriately to the treating physician
- Whether follow-up care occurred after an abnormal result
If a laboratory professional, pathologist, or another healthcare provider failed to properly review or report the results, that failure could contribute to a delayed cancer diagnosis. Every case depends on its specific facts, which is why a detailed investigation is so important.
Who Can Be Liable for a Delayed Cancer Diagnosis?
Many people assume only the treating physician can be responsible, in reality, several healthcare providers or medical entities may play a role, depending on what happened.
Potentially responsible parties could include:
- Physicians
- Radiologists
- Pathologists
- Hospitals
- Laboratories
- Imaging centers
- Other healthcare professionals involved in diagnosing or reporting test results
Determining who may be legally responsible requires reviewing every step of the patient’s care.
How Long Do You Have to File a Lawsuit for Delayed Cancer Diagnosis in Pennsylvania?
Every state has its own statute of limitations for medical malpractice claims. In Pennsylvania, the deadline is often two years, but that does not necessarily mean two years from the date of the medical treatment. In some situations, Pennsylvania law applies what’s known as the discovery rule. That means the clock to file may begin when you knew or reasonably should have known that medical negligence caused your injury.
For example, imagine someone undergoes surgery and, without anyone realizing it, a surgical sponge or medical instrument is accidentally left inside the body. The patient may not develop symptoms for several years. If the problem is not discovered until three or four years later, the legal deadline may begin when the patient first discovers that malpractice occurred.
Whether the discovery rule applies depends on the specific facts of each case, which is why it is important to speak with an attorney as soon as you suspect something went wrong.
Why You Should Contact an Attorney Early
Medical malpractice cases involving delayed cancer diagnoses are complex. They require a careful review of medical records, consultation with qualified medical experts, and an understanding of the legal deadlines that apply. The sooner an attorney begins investigating, the easier it may be to preserve records, identify responsible parties, and determine whether negligence contributed to the delayed diagnosis.
At Marciano Legal, we work with experienced medical experts to evaluate delayed cancer diagnosis cases and determine whether a healthcare provider failed to meet the accepted standard of care. If you or a loved one believes a cancer diagnosis was delayed because of medical negligence, contact Marciano Legal to discuss your case and learn about your legal options.
To learn more about Marciano Legal and our cancer delayed diagnosis attorneys, please feel free to contact us online. You can also dial (215) 515-7743 if you need legal help for a claim of your own in Pennsylvania.
