If you or a loved one has experienced a delayed cancer diagnosis, you may be wondering whether you have a legal case. Even when a doctor fails to diagnose cancer in a timely manner, proving that this delay caused serious harm is a key part of any lawsuit. This is known as legal causation, and understanding it can help you determine whether you have a strong claim.
Legal causation is the connection between the doctor’s mistake and the harm it caused you. In delayed cancer diagnosis cases, this means proving that the delay in diagnosis significantly worsened your condition, limited your treatment options, or decreased your chances of survival.
Some medical malpractice cases involve obvious harm, such as a surgical mistake, but with cancer misdiagnosis, the damage is often based on statistics and medical opinions. Courts need to see clear evidence that the delay made a real difference in your health.
In Missouri there are two legal claims that can be brought in a delayed diagnosis of cancer claim. First, a traditional medical malpractice claim. This claim requires that the patient prove that their chances of recovery were greater than 50% o\if the cancer had been timely diagnosed and, because of the delay, the survival chances are now less than 50%. Essentially, this requires the patient to prove that, at the time of the delayed diagnosis, the cancer was a lower stage, such as Stage 1 or Stage 2, and because of the delay it has advanced to a Stage 3 or Stage 4. With slow growing cancers, a long delay may make little difference. With aggressive cancers, a delay of even a few months can be fatal.
The second legal claims is a called the "loss of chance" doctrine, which means you may have a claim if the delay reduced your likelihood of survival or a better outcome. For example, if you had a 40% survival chance and that dropped to 10%, this could be a lost chance claim. However, damages in loss of chance claims are limited. The jury will be asked to determine the total damages and the percent of lost chance. The judgment will be the based on those two numbers. For example, if a jury finds total damages at $500,000, but that the lost chance was only 10%, the ultimate judgment would be for $50,000. Because loss of chance cases can result in such low judgments, they are rarely viable claims.
Not every delayed diagnosis results in a valid lawsuit. The key is whether the delay caused a significant change in your survivability or treatment options. For example:
If a delay caused your cancer to progress from an early, highly treatable stage (e.g., Stage I) to an advanced, harder-to-treat stage (e.g., Stage IV), that may be strong evidence of harm.
If the delay meant that you needed harsher treatments, such as chemotherapy instead of surgery alone, that can also support your case.
However, if your survival rate only dropped slightly—such as from 90% to 85%—courts may not see that as a major enough impact to establish legal causation.
Because every case is different, a lawyer can help determine whether your situation meets the legal standards for a claim.
If you suspect a delayed diagnosis harmed you, here’s how we can help prove your claim:
Medical Expert Testimony: Doctors and specialists can explain how an earlier diagnosis would have led to better treatment options and outcomes.
Survival Rate Statistics: We use medical research to show how survival rates decrease as cancer progresses.
Changes in Treatment Plans: If the delay meant more aggressive or painful treatments, this strengthens your case.
Your Unique Health Factors: We look at how the delay affected your specific medical history and overall health.
If you believe a delayed cancer diagnosis has harmed you, don’t wait to take action. These cases often require extensive medical evidence, and there are strict time limits for filing a claim. Speaking with an experienced medical malpractice attorney can help you understand your legal options and what steps to take next.
At our firm, we are committed to fighting for patients who have suffered due to medical negligence. Contact us today for a free consultation, and let’s discuss how we can help you seek justice and compensation for your suffering.
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