Hearing that you have cancer is difficult enough. Learning that your cancer may have been detected earlier can raise an entirely different set of questions. Were warning signs missed? Should your doctor have ordered additional testing? Did the delay allow the cancer to progress?
Not every delayed cancer diagnosis is medical malpractice. In Maine, determining whether a patient has a claim requires looking closely at the medical care provided, what a reasonably careful provider should have done, and whether an earlier diagnosis likely would have changed the patient’s outcome.
When Is a Delayed Cancer Diagnosis Medical Malpractice?
A delayed diagnosis may amount to medical malpractice when a healthcare provider fails to meet the accepted standard of care and that failure causes harm.
For example, a patient may repeatedly report concerning symptoms such as unexplained weight loss, persistent coughing, abnormal bleeding, a lump, or changes to a mole. If those symptoms should reasonably have prompted additional testing or a specialist referral, failing to investigate them may raise questions about negligence.
Other cases involve abnormal laboratory results, pathology findings, or imaging that were never properly addressed. Sometimes an imaging study performed for an unrelated reason reveals a suspicious mass or nodule, but the finding is overlooked or never followed up.
The central question is not simply whether cancer was diagnosed late. It is whether a reasonably competent healthcare provider would have recognized the warning signs and acted differently.
Did the Delay Change the Cancer Patient’s Outcome?
Proving that a provider made a mistake is only part of a delayed cancer diagnosis malpractice case. There must also be a connection between that mistake and the patient’s harm.
This issue is known as causation.
An earlier cancer diagnosis may have resulted in a lower stage at diagnosis, less aggressive treatment, a better prognosis, or different treatment options. Establishing that connection often requires oncologists, pathologists, and other medical experts to review imaging, pathology, treatment records, and the progression of the disease.
Healthcare providers and their insurers may argue that the cancer had already progressed before the alleged error and that an earlier diagnosis would not have materially changed the outcome. This makes expert medical analysis particularly important in delayed diagnosis cases.
Maine’s Medical Malpractice Deadline Can Create Problems
Maine’s statute of limitations makes timing especially important.
Medical malpractice claims generally must be brought within three years of the negligent act or omission. Unlike some states, Maine generally does not start that three-year period when a patient discovers that malpractice occurred.
That distinction can have serious consequences in delayed cancer diagnosis cases.
A patient might discover years later that an older scan showed a suspicious mass, an abnormal test result was never addressed, or testing should have been ordered much sooner. By the time the patient learns what happened, part or all of the limitations period may already have passed.
Certain circumstances can affect how the deadline is calculated, including continuing negligent treatment or fraudulent concealment. Because these exceptions are highly dependent on the facts, determining the timeline is an important early part of evaluating a potential Maine medical malpractice claim.
Medical Malpractice Claims Have a Special Process in Maine
Maine medical malpractice cases also follow procedures that differ from many other personal injury claims.
Under the Maine Health Security Act, medical malpractice claims generally go through a prelitigation screening process before proceeding to a lawsuit. This process involves presenting the medical and legal issues to a screening panel.
Delayed diagnosis cases can require extensive preparation before reaching that stage. Medical records may span years and involve primary care physicians, specialists, radiologists, laboratories, hospitals, and other providers. Attorneys may also need medical experts to determine when the cancer reasonably should have been identified and how an earlier diagnosis could have affected treatment or prognosis.
Getting Answers About a Delayed Cancer Diagnosis
For more than a century, Berman & Simmons has represented people throughout Maine in complex medical malpractice and serious injury cases. We understand that questioning whether cancer should have been diagnosed sooner can be difficult, particularly when you are still undergoing treatment.
If you believe warning signs, abnormal test results, or imaging findings may have been missed, speaking with an experienced Maine medical malpractice attorney can help you better understand what happened and whether you have legal options.