Does My Cancer Misdiagnosis Warrant a Personal Injury Lawsuit?

Cancer has become one of the leading causes of death worldwide, and it is projected to impact even more individuals as time goes on. According to the National Cancer Institute, it is estimated that over two million new cases of cancer will be diagnosed in the U.S. in 2025, and more than 600,000 Americans will die from the disease. Worldwide, the number of new cancer cases per year is expected to rise to 33 million and the number of cancer-related deaths to 18.2 million by 2050.

While advances in screening and treatment have improved early detection, misdiagnosis and delayed diagnosis remain serious, preventable problems. When cancer is missed or misinterpreted, precious time is lost –  time that could have been spent fighting the disease. In some cases, this failure rises to the level of medical negligence.

How Can Negligence Cause A Cancer Misdiagnosis?

A cancer misdiagnosis can occur in two main ways:

• False-Positive Diagnosis:
  • A doctor diagnoses cancer when the patient does not have it.
  • Lab errors, specimen mix-ups, or faulty equipment may be to blame.
  • Sometimes a doctor jumps to conclusions before confirming results through biopsy or imaging.
  • Such conduct can amount to negligence when the physician fails to follow accepted diagnostic standards.
• Failure to Diagnose Cancer (False-Negative):
  • The doctor dismisses or misreads warning signs, attributing them to another illness.
  • The patient loses critical time for early treatment.
  • The cancer may progress or metastasize, worsening the prognosis.
  • When this delay stems from a failure to order tests, review history, or interpret results accurately, it may constitute malpractice.

Cancer Misdiagnosis Doesn’t Always Mean Malpractice

Even highly skilled physicians can make errors, especially when symptoms mimic other conditions or the cancer is extremely rare. However, negligence may exist if a doctor or medical professional failed to:

• Thoroughly review the patient’s medical history
• Order appropriate diagnostic or follow-up tests
• Correctly read or communicate test results
• Refer the patient to a specialist when red flags appear
• Act on clear indications that cancer might be present

If these steps were skipped or performed carelessly, you may have legal grounds for a medical malpractice claim.

Is A Cancer Misdiagnosis Considered A Personal Injury Or Medical Malpractice Claim?

In Pennsylvania, a cancer misdiagnosis typically falls under medical malpractice, a specialized branch of personal-injury law. That distinction matters because medical malpractice claims have unique procedural requirements, including:

• Certificate of Merit: Within 60 days of filing a malpractice complaint, the plaintiff must submit a certificate from a qualified medical expert confirming that there is a reasonable probability that the care fell below accepted standards.
• Statute of Limitations: You generally have two years from the date you discovered, or reasonably should have discovered, the injury to file a medical malpractice claim.
• Wrongful-Death/Survival Actions: If the misdiagnosis led to death, the deceased’s estate generally has two years from the date of death to file these related claims.

Because these deadlines are unforgiving and fact-specific, contacting a lawyer as soon as possible is essential.

What Can I Be Compensated For In A Cancer Misdiagnosis Lawsuit?

Compensation depends on the severity of harm and how the misdiagnosis affected treatment and survival. Damages may include:

• Medical expenses and future care costs
• Lost income or diminished earning capacity
• Pain, suffering, and emotional distress
• Loss of consortium for spouses
• In fatal cases: funeral expenses and losses to the family under wrongful-death and survival statutes

Why Choose A Pennsylvania Medical Malpractice Lawyer?

Cancer misdiagnosis claims are among the most complex cases in medical law. They require in-depth medical knowledge, access to top experts, and familiarity with Pennsylvania’s strict procedural rules. A firm experienced in catastrophic medical negligence litigation will:

• Obtain and review all medical records, imaging, and pathology slides
• Consult leading oncologists and diagnostic experts
• Calculate damages tied to the lost chance of survival or worsened prognosis
• Handle the certificate-of-merit and expert-witness requirements correctly
• Aggressively negotiate with hospitals, insurers, and defense counsel

Ross Feller Casey Can Help 

Ross Feller Casey is recognized statewide for its success in cancer misdiagnosis and failure-to-diagnose cases. The firm has recovered hundreds of millions of dollars for victims of medical negligence, including numerous multimillion-dollar settlements and verdicts in cancer cases. Our attorneys combine deep medical knowledge with trial experience and compassion for families who have endured devastating loss.

If you or a loved one were harmed because cancer was missed, misread, or diagnosed too late, you may have a valid medical malpractice claim. The clock on your case may already be running. Contact Ross Feller Casey today for a free, confidential consultation.

Our attorneys will review your medical records, explain your options, and help you determine whether your cancer misdiagnosis warrants legal action. You pay nothing unless we win your case.