When Does a Delayed Cancer Diagnosis Become Medical Malpractice in Maryland?

Unfortunately, delayed cancer diagnoses are far too common. One recent study found that roughly one in five cancer patients had experienced a delayed or missed diagnosis.

Not every delayed cancer diagnosis is medical malpractice. Some cancers can evade the most diligent and experienced doctors. However, if evidence shows your diagnosis was delayed because members of your medical team didn’t take the proper course of action, you may have a malpractice claim.

This article discusses what a delayed diagnosis is. It also outlines the medical actions that can lead to a delayed diagnosis and when those actions might amount to medical malpractice. Finally, it explains how a Laurel medical malpractice attorney can help.

When Is a Delayed Cancer Diagnosis? 

Before answering the question, let’s review the relevant terminology: 

• Diagnostic interval. This period begins the first time that the patient comes to the provider with signs or symptoms of cancer and ends with diagnosis.
• Delayed Diagnosis. A diagnosis isn’t delayed after a fixed period of time. Instead, health agencies define a delayed diagnosis by how it affects the patient. A diagnosis can be delayed if the additional time leads to: 
  • A worsened presentation of the illness
  • A poorer prognosis 
  • Treatments that require additional inconvenience, burden, or cost
• Missed diagnostic opportunity. A missed diagnostic opportunity is a point at which, after reviewing the medical record, it becomes clear that different decisions by the medical team could have led to an earlier diagnosis. 

Not all delayed diagnoses are malpractice. Generally, malpractice will involve a missed diagnostic opportunity. 

Why Delayed Cancer Diagnoses Can Be Harmful

Cancer can be an aggressive illness. Without prompt treatment, it can grow and even spread to other body parts (metastasis).  Other unfavorable outcomes related to delayed diagnosis include: 

• Cancer that progresses to a later stage
• Tumors becoming inoperable 
• More invasive or extensive surgery 
• Requiring chemotherapy or radiation that may not have otherwise been necessary 
• Needing a longer course of chemo or radiation
• A worse long-term prognosis or survival rate 
• Requiring more or longer hospitalizations

When Does a Delayed Cancer Diagnosis Qualify as Medical Malpractice in Maryland? 

The answer depends on whether the doctor followed the standard of care a reasonable doctor would in the same situation.

To hold someone legally responsible for harming you, you and your Waldorf malpractice lawyer must prove that they were negligent. Negligence has several legal requirements, including the standard of care. In Maryland medical malpractice cases, the applicable standard of care is whether the medical team failed to follow the standards that other members of their profession would have under the circumstances. 

Not all delayed cancer diagnoses involve a failure to follow standards. Some cancer patients have symptoms that aren’t obviously related to cancer. The test result could be a false negative. In these circumstances, following the proper standards may not have changed the outcome.  

However, some actions by medical staff may conflict with established medical standards. These may include: 

• Refusing to investigate new, worsening, or persistent symptoms
• Delaying diagnostic tests such as biopsies
• Failing to follow up on test results 
• Miscommunicating results to the patient or another provider 
• Failing to reconsider the diagnosis when asked or when circumstances (e.g., failed treatments) mandate it 

If your Waldorf personal injury attorney can identify similar actions and connect them to a delay, you may have a medical malpractice case. 

Frequently Asked Questions About Delayed Cancer Diagnoses 

• Do I need to get a second medical opinion before talking to a malpractice attorney?

No. While Maryland law requires expert support for medical malpractice claims once they are filed, you don’t need it to consult with or hire an attorney. 

• Can I still have a claim if I changed doctors before my cancer was diagnosed?

Most likely. The prevailing standards will likely require the new doctor to review your medical records before your first visit. 

• What if I don’t have a family history of cancer?

It shouldn’t matter. The vast majority (roughly 80-85%) of cancer patients have no family history before diagnosis. 

• What if I missed doctor’s appointments before my cancer diagnosis?

Maryland courts have allowed missed appointments as evidence that the patient’s actions, not the doctor’s, caused the delay. However, Maryland’s contributory negligence rule does not automatically apply. The issue is whether the missed appointments contributed to the delay.

How Can a Laurel Medical Malpractice Lawyer Help with a Delayed Cancer Diagnosis? 

A delayed cancer diagnosis is a life-changing event. It also raises serious legal questions. Fortunately, you don’t have to deal with the legal issues alone. An experienced medical malpractice law firm can help you collect your medical records, establish a timeline, and show that your medical team missed the mark. 

If you need legal advice after a delayed cancer diagnosis, contact the Law Offices of Thomas E. Pyles. Over the decades, we’ve helped hundreds of people fight back against medical malpractice. Schedule a free consultation with our team today by calling 301-705-5006 or using our online contact form.