A wrong or missed diagnosis of cancer can have disastrous consequences.
The sooner a tumor is detected, the better the chances of treatment.
When doctors act too late or miss signals, it can mean the difference between recovery and permanent damage — or even death.

In this article, we discuss when a doctor is liable for a missed or delayed cancer diagnosis, what you can do, and how you can get compensation.

What is a missed or delayed diagnosis?

A missed diagnosis means when a doctor or specialist does not recognize a condition or interprets it incorrectly.
In case of cancer, it often involves situations in which complaints are not taken seriously too late or additional research takes too long.

Examples:

• A general practitioner does not refer the patient to a specialist in time.

• A radiologist misses abnormalities on a scan or photo.

• A pathologist incorrectly assesses biopsies.

• A specialist reassures while the complaints indicate something more serious.

• Research is delayed due to administrative errors or miscommunication.

  As a result, the diagnosis is made too late, so the disease is detected at a later stage and the treatment options decrease.

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  When is a doctor liable in a missed diagnosis?

  Not every mistake or delay automatically leads to liability.
  To establish liability, it must be demonstrated that:

  1. The doctor has not acted as a reasonably competent and careful doctor would do, and

  2. There is a causal relationship between the mistake and the damage.

     In the case of a missed cancer diagnosis, the question is:
     “Would the patient have had a better chance of recovery if the diagnosis had been made earlier?”

     If that chance has been reduced by negligence, the doctor (or hospital) is liable.
     This falls under the doctrine of “loss of a chance” — also with medical mistakes.

     Also read:
     👉 Loss of a chance with medical mistakes
     👉 Causal relationship with medical mistakes

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     Examples from practice

     • A general practitioner ignores persistent stomach complaints and only refers after months, after which a metastasized colon tumor is discovered.

     • A radiologist misses abnormalities on a lung photo, resulting in lung cancer being diagnosed at a late stage.

     • A hysterectomy reassures abnormal smears without follow-up research, allowing cervical cancer to develop further.

       In such cases, there may be medical liability.

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       What damage can be compensated for?

       The compensation can include both material and immaterial damage:

       Material damage:

       • Costs of medical treatments and drugs

       • Travel and care costs

       • Loss of income or disability

       • Costs of household help or adjustment of housing

         Non-material damage (compensation for pain and suffering):

         • Sadness, fear and mental distress caused by delayed diagnosis

         • Impairment of joy of life and future perspective

           Also read:
           👉 Compensation for pain and suffering in medical errors
           👉 Compensation for medical liability

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           What can you do in a missed diagnosis?

           1. Request your medical record
              It contains all research results, reports and communication between doctors.

           2. Have a medical adviser take a look
              It assesses whether the doctor or hospital has acted blameably.

           3. Have a specialized lawyer hold the doctor or hospital liable.
              This ensures that your rights are safeguarded and the damage is completely recovered.

              Also read:
              👉 The medical record: inspection, copy and correction
              👉 Make a complaint after a medical mistake

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              Why Arslan & Arslan Lawyers?

              Our lawyers have extensive experience with cases involving delayed or missed diagnoses.
              We work together with medical specialists and ensure that you get the maximum compensation — completely free of charge, as we recover our costs from the liable party.

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