An incorrect or missed diagnosis of cancer can have disastrous consequences.
The sooner a tumor is discovered, 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 receive compensation.
What is a missed or delayed cancer diagnosis? delayed diagnosis?
A missed diagnosis occurs when a doctor or specialist does not recognize a condition or misinterprets it.
Cancer often involves situations in which complaints are taken seriously too late or additional research is delayed for too long.
Examples:
A general practitioner does not refer the patient to a specialist in a timely manner.
A radiologist misses abnormalities on a scan or photo.
A pathologist assesses biopsies incorrectly.
A specialist provides reassurance while the complaints point to something more serious.
Research is delayed by administrative errors or miscommunication.
As a result, the diagnosis is made too late, resulting in the disease being discovered at a later stage and treatment options reduced.
When is a doctor liable for a missed diagnosis? diagnosis?
Not every error or delay automatically leads to liability.
To establish liability, it must be shown that:
The doctor did not act as a reasonably competent and careful doctor would do, and
There is a causal link between the error and the damage.
A missed cancer diagnosis is therefore all about the question:
“Would the patient have had a better chance of recovery if the diagnosis had been made earlier?”
If that chance is reduced by negligent action, the doctor (or the hospital) is liable.
This falls under the doctrine of “loss of an opportunity” – also in the case of medical errors.
Read also:
👉 Loss of an opportunity in medical errors
👉 Causal connection in medical errors
Examples from practice
A general practitioner ignores persistent abdominal complaints and only refers after months, after which a metastatic intestinal tumor is discovered.
A radiologist misses abnormalities a lung X-ray, which means that lung cancer is only diagnosed at a late stage.
A gynecologist provides reassurance in the case of abnormal smear tests without follow-up examination, causing cervical cancer to develop further.
In such cases, there may be medical liability.
What damage can be compensated?
The compensation may consist of both material and immaterial damage:
Material damage:
Costs of medical treatments and medicines
Travel and care costs
Loss of income or disability
Costs of domestic help or adjustments to the home
Intangible damage (punishment):
Sadness, fear and mental suffering due to the delayed diagnosis
Effect on enjoyment of life and future prospects
Read also:
👉 Smartengeld for medical errors
👉 Compensation for medical liability
What can you do in the event of a missed diagnosis?
Request your medical file
It contains all research results, reports and communication between doctors.- href="https://arslan.nl/medisch-dossier-inzage-kopie-en-correction/"> The medical file: inspection, copy and correction
👉 Submit a complaint after a medical errorWhy 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 receive maximum compensation — completely free of charge, because we recover our costs from the liable party.