Unfortunately, cancer impacts many people and families. According to data from the Mayo Clinic, approximately 40 percent of Americans will develop cancer over the course of their lifetime. The long-term prognosis for cancer can vary dramatically. One of the big factors is how early the issue was detected. Unfortunately, a delayed cancer diagnosis can put a person at serious risk.
This raises an important question: Is a delayed cancer diagnosis medical malpractice? The answer is “it depends”—with the key issue being whether or not the cancer diagnosis was missed because the doctor was negligent. Here, our Savannah medical malpractice lawyers provide a comprehensive guide to delayed cancer diagnosis claims in Georgia.
Background: A Timely Cancer Diagnosis is Extremely Important
A timely cancer diagnosis is absolutely crucial for effective treatment. It can lead to better patient outcomes and it can save lives. The reality is that early detection increases the chances of successful treatment. In many cases, it can allow for less aggressive interventions. Further, early diagnosis almost always leads to improved survival rates. There are many cancers that can be treated effectively—particularly when they are caught in the early stages before they have spread. Unfortunately, a delayed cancer diagnosis can lead to a more advanced disease. There may be limited treatment options and a decreased likelihood of survival.
Was a Delayed Cancer Diagnosis Medical Malpractice? (Three Big Questions to Ask)
1. Did You Go to a Doctor Previously for an Examination?
A delayed diagnosis of cancer is likely not medical malpractice if you never sought professional care. However, if you previously sought medical care for symptoms related to your cancer but were misdiagnosed or outright dismissed, that can be a key factor in determining whether or not you were the victim of medical malpractice. Reviewing past medical visits—including notes and test results—can help establish whether a healthcare provider overlooked warning signs. You may have been the victim of failure to diagnose even if you did not seek care specifically for suspected cancer.
2. Did the Delay in Diagnosis Result from a Medical Provider’s Negligence?
That a doctor failed to diagnose cancer is not automatically medical malpractice. This fact is one of the most important points to understand about Georgia’s medical malpractice laws. Not every delayed cancer diagnosis is medical malpractice. To prove malpractice, you must show that the delay resulted from a healthcare provider’s negligence. In other words, a patient must prove that the doctor, the radiologist, or another medical professional failed to follow the standard of care expected in their field. Examples include missing obvious symptoms, misinterpreting test results, or failing to order necessary screenings. If another reasonably competent doctor in the same situation would have diagnosed the cancer earlier, that is evidence of medical negligence.
3. Did the Delay in Diagnosis Lead to Harm or Worsen the Prognosis?
In Georgia, medical malpractice requires actual harm to the patient. Indeed, for a medical malpractice claim to be valid, you must demonstrate that the delay in diagnosis caused you some form of adverse health complications. Here is an example: Imagine that you went to a doctor for an exam. Unfortunately, the missed cancer that should have been clear due to negligence. However, you sought a second opinion the very next day and the other doctor caught the problem. That would likely not be a viable medical malpractice claim in Georgia. You would have to prove that the one day actually made a difference for your long-term health complications.
Of course, this example is unusual. In most cases, if cancer is missed, time will pass before the patient is diagnosed correctly. If the cancer progressed from an early, treatable stage to a more advanced stage due to the delay, that constitutes harm that is sufficient for a medical malpractice lawsuit. Indeed, a worsened prognosis—one that requires more aggressive treatments like chemotherapy or surgery that could have been avoided—is a big deal.
Why Trust Our Savannah Medical Negligence Attorneys
Medical malpractice claims are complicated. You do not have to figure out if you have a viable case on your own. The reality is that a timely cancer diagnosis is an absolute must. A delay could put a patient at serious risk. Much needed life-saving care may come too late. At Chance, Forlines, Carter & King, PC, we have extensive experience handling delayed diagnosis claims—including delayed cancer diagnosis cases. With millions recovered for patients, we have a proven record of successful verdicts and settlements. Our Atlanta medical malpractice lawyers provide free, no obligation consultations to cancer patients.
Speak to Our Savannah, GA Medical Malpractice Lawyers Today
At Chance, Forlines, Carter & King, PC, our Georgia medical malpractice lawyers have the knowledge, professional skills, and experience that you can rely on. If you have any questions about delayed cancer diagnosis cases, please do not hesitate to contact us today for a free, confidential consultation. We handle medical malpractice claims in Savannah and throughout all of Georgia.