When a Cancer Misdiagnosis Changes Everything: Know Your Legal Rights

A cancer diagnosis can change your life in an instant, but what happens when that diagnosis is wrong, either missed entirely or delayed until it’s too late for effective treatment? 

Unfortunately, cancer misdiagnosis is all too common, and the consequences can be devastating. 

At Morgan & Morgan, our cancer misdiagnosis attorneys have helped countless clients recover compensation after negligent medical care turned their lives upside down.

If you or a loved one suffered harm because a doctor failed to diagnose cancer or misdiagnosed it as something else, you may have grounds to file a medical malpractice lawsuit. We’re here to help you understand your rights and pursue justice.

To learn more about your legal options, contact us for a free case evaluation.

What Is a Cancer Misdiagnosis?

Cancer misdiagnosis can take several forms, including:

• Failure to diagnose: The doctor fails to identify the presence of cancer, delaying treatment until the disease progresses.
• Delayed diagnosis: Cancer is eventually diagnosed, but not in a timely manner, allowing it to spread or worsen.
• Misdiagnosis as another condition: A doctor may incorrectly identify cancer as a different illness, leading to inappropriate or harmful treatments.
• False positive: A patient is told they have cancer when they don’t, leading to unnecessary treatments, stress, and life disruption.

Each of these scenarios can have lasting physical, emotional, and financial consequences. Early and accurate detection is critical in cancer treatment. When a misdiagnosis prevents that, it can mean the difference between life and death.

How Common Is Cancer Misdiagnosis?

Cancer misdiagnosis is more common than many people realize. Studies have shown that up to 28% of cancer diagnoses involve some form of diagnostic error.

Certain cancers, such as lymphoma, breast cancer, lung cancer, and colorectal cancer, are more prone to being misdiagnosed, and delayed diagnosis is one of the leading causes of malpractice claims related to cancer.

Despite advances in medical technology and diagnostic tools, doctors still rely heavily on human interpretation. That means mistakes happen, especially when doctors ignore patient complaints, rush through exams, or fail to order the right tests.

Why Cancer Misdiagnosis Happens

Misdiagnosis is rarely the result of one isolated error. Often, it’s the result of a breakdown at multiple levels of care. Some common causes include:

Failure to Order Appropriate Tests

Doctors may fail to recommend the appropriate imaging studies, blood work, or biopsies, especially if they dismiss symptoms as something less serious.

Improper Reading of Test Results

Even when tests are ordered, radiologists and pathologists can misread them or overlook signs of malignancy.

Communication Breakdowns

Important information may not be passed from one healthcare provider to another, especially in large hospital systems where multiple specialists are involved.

Ignoring Symptoms

Some doctors minimize or disregard a patient’s complaints, attributing them to age, stress, or lifestyle factors rather than investigating further.

Inadequate Follow-Up

When abnormalities are detected, failure to follow up with additional tests or specialist referrals can result in critical delays.

Bias or Assumptions

Doctors may rely on stereotypes (e.g., “too young for cancer”) and fail to consider cancer as a possible diagnosis, especially in women and minorities.

The Impact of a Cancer Misdiagnosis

A delayed or missed cancer diagnosis can lead to catastrophic outcomes:

• Disease progression: Cancer may spread to other organs or systems, making it harder or impossible to treat.
• Reduced treatment options: Early-stage cancers are often treatable with surgery or localized therapies. Advanced-stage cancers may require chemotherapy, radiation, or palliative care.
• Worse prognosis: A delay of even a few months can significantly reduce survival rates.
• Physical and emotional suffering: More aggressive treatments can lead to pain, disfigurement, and emotional trauma.
• Financial stress: Medical bills, lost wages, and long-term care can drain savings and impact your family's future.
  
   

Can You Sue for Cancer Misdiagnosis?

Yes, if a medical professional’s negligence caused or contributed to a cancer misdiagnosis, you may be entitled to compensation through a medical malpractice lawsuit. However, it’s important to understand what makes a case legally actionable.

To prove malpractice, your attorney must show:

1. A doctor-patient relationship existed: This establishes a duty of care.
2. The doctor breached the standard of care: This means the physician failed to act as a reasonably competent doctor would under similar circumstances.
3. The breach caused harm: You must show that the misdiagnosis resulted in a worse outcome than would have occurred with proper care.
4. The harm resulted in damages: This includes medical expenses, lost wages, pain and suffering, and more.

Because medical malpractice cases are complex and heavily contested, it’s important to work with experienced cancer misdiagnosis attorneys who understand the intricacies of these claims.

What Types of Cancer Are Often Misdiagnosed?

Some types of cancer are more commonly involved in misdiagnosis claims than others. These include:

• Breast cancer (often confused with benign cysts or fibrocystic disease)
• Lung cancer (misread as infections, like pneumonia)
• Colon or rectal cancer (mistaken for irritable bowel syndrome or hemorrhoids)
• Pancreatic cancer (symptoms mimic ulcers or indigestion)
• Prostate cancer (delayed testing despite urinary symptoms)
• Lymphoma (misdiagnosed as fatigue or chronic infections)
• Skin cancer (missed during routine exams or misidentified as benign moles)
   

Who Can Be Held Liable?

In a cancer misdiagnosis lawsuit, more than one party may be responsible:

• Primary care physicians for failing to recognize symptoms or order tests
• Oncologists for failing to act on signs of recurrence
• Radiologists who misread imaging scans
• Pathologists who misinterpret biopsy samples
• Hospitals or clinics for communication failures or faulty systems

A thorough investigation by your legal team will help identify all potentially liable parties.

What Compensation Can You Recover?

The goal of a cancer misdiagnosis lawsuit is to compensate you for the harm you've suffered. Damages may include:

Economic Damages:

• Current and future medical bills
• Lost wages and reduced earning capacity
• Travel expenses for treatment
• Cost of rehabilitation or home care
   

Non-Economic Damages:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement or disability
• Loss of companionship (in wrongful death cases)
   

Punitive Damages:

In rare cases where the negligence was especially egregious, courts may award punitive damages to punish the healthcare provider and deter similar misconduct.

Wrongful Death From Misdiagnosed Cancer

When a loved one dies due to a cancer misdiagnosis, surviving family members may be eligible to file a wrongful death lawsuit. These cases can help recover:

• Funeral and burial expenses
• Loss of the deceased’s income and support
• Emotional pain and loss of companionship
• Medical costs incurred before death

While no amount of money can replace your loved one, legal action can provide financial stability and a sense of justice.

What to Do If You Suspect a Cancer Misdiagnosis

If you believe your cancer or a loved one’s was misdiagnosed, here are the steps you should take immediately:

1. Get a second opinion from another medical provider.
2. Gather your medical records, including lab tests, imaging scans, pathology reports, and doctor notes.
3. Write down your experience, including what symptoms you reported, what your doctor said, and any delays that occurred.
4. Contact a medical malpractice attorney as soon as possible. Time limits (statutes of limitations) vary by state and can affect your ability to file a claim.

Why Choose Morgan & Morgan?

If you or a loved one has been the victim of a cancer misdiagnosis, you deserve answers, and you deserve justice. At Morgan & Morgan, our experienced attorneys are here to help you navigate this difficult chapter and hold negligent healthcare providers accountable.

Morgan & Morgan is America’s largest and most trusted personal injury law firm. We have a dedicated team of medical malpractice attorneys with experience handling complex cancer misdiagnosis cases. 

When you choose us, you get a team that’s trial-ready: We don’t back down from big hospitals or powerful insurance companies. If a fair settlement isn’t offered, we’ll fight for you in court.

And we work with leading experts, such as oncologists, radiologists, and diagnostic experts, who can testify about what went wrong and why.

With offices in every state across the U.S., we bring the power of a national firm and the personal touch of a neighborhood advocate.

Don’t let a medical provider’s mistake define your future. Let us fight for you.

Contact Morgan & Morgan today for a free case evaluation.