To be diagnosed with cancer is a chilling prospect for anyone. To receive this diagnosis when it is too late for treatment, or the cancer could have been treated is devastating. While not all delays in diagnosis can be proved to significantly alter the progression of the cancer, some delays are just plain negligence and may be compensable. Generally, to prove that the delay caused an injury, the plaintiff must prove that the delay in diagnosis and treatment caused the cancer to significantly progress.
The signs and symptoms of cancer may not be evident to even the most astute physician until the cancer has spread to a degree that it may not be successfully treated. However, there are many instances where physicians or other practitioners ignore or dismiss signs or symptoms of cancer and fail to act in a timely manner. IF this delay allowed the cancer to significantly worsen and a person’s life expectancy or quality of life was seriously degraded, there may be a medical malpractice case.