When a delayed lung cancer diagnosis may be medical negligence

Awareness campaigns, such as Lung Foundation Australia’s Shine a light on Lung Cancer, help draw attention to the impact of lung cancer on thousands of Australians and their families. That awareness matters year-round, as understanding the signs and symptoms of lung cancer, and knowing when something may warrant further investigation, can help people advocate for their health and seek medical attention when something doesn’t feel right.

As published by the Lung Foundation, more than 15,000 people in Australia will be diagnosed with lung cancer annually, equating to 41 people every day. Almost 85% will be diagnosed at a late stage, making it our country’s most devastating cancer.

What is lung cancer?

Lung cancer develops when abnormal cells in the lungs grow and multiply in an uncontrolled way. Cancer Australia describes two main types: non-small cell lung cancer and small cell lung cancer, with around 85–90% of lung cancers being non-small cell cancers.

Smoking is the biggest risk factor for lung cancer, but it isn’t the only one. Exposure to second-hand smoke, workplace hazards and a family history of lung cancer can also increase a person’s risk.

Importantly, anyone can develop lung cancer, including people who have never smoked.

What are the symptoms of lung cancer?

Symptoms of lung cancer can vary from person to person and may include:

• coughing up blood
• a new or changed cough that doesn’t go away
• chest pain and/or shoulder pain or discomfort
• trouble breathing or shortness of breath
• trouble swallowing
• hoarse voice
• weight loss
• loss of appetite
• recurring chest infection
• tiredness, fatigue and/or weakness

These symptoms can have many causes and don’t necessarily mean you have lung cancer. But if you have persistent or unexplained symptoms, speak to your doctor.

How can a lung cancer diagnosis be missed or delayed?

There can be many reasons why lung cancer isn’t diagnosed straight away, and a delay doesn’t necessarily mean someone has done something wrong.

However, there are circumstances where the care provided may need to be looked at more closely.

At Maurice Blackburn, we have supported people and families affected by lung cancer where there have been concerns about whether opportunities to diagnose or treat the disease earlier were missed.

These have included situations where:

• the signs and symptoms of lung cancer were not recognised by medical professionals
• incidental findings of lung cancer (eg in medical scans unrelated to the lungs) failed to mention tumours or masses in the lungs
• concerns raised by patients or family members were not adequately addressed
• delays in diagnosis and treatment affected individuals’ outcomes and recoveries
• in some instances, delays led to the disease spreading, causing it to be terminal and incurable

Whether the care provided was reasonable will always depend on the individual circumstances.

Why an earlier diagnosis can matter

For some people, the timing of a lung cancer diagnosis can affect the treatment options available and their prognosis.

If cancer isn’t identified until it has progressed or spread to other parts of the body, treatment may be more complex, and options may be more limited.

This means that when investigating a possible medical negligence claim, it’s not enough to establish that there was a delay. It’s also important to consider whether appropriate care could reasonably have resulted in an earlier diagnosis and whether that earlier diagnosis would likely have changed the person’s treatment or outcome.

These questions can be complex and may require advice from independent medical experts.

When might a delayed diagnosis be medical negligence?

A delayed or missed diagnosis doesn’t automatically mean medical negligence has occurred.

Doctors and other health professionals are expected to provide a reasonable standard of care, but not every cancer can be detected early and not every delay is caused by inadequate medical care.

A medical negligence claim may arise where the care provided fell below the standard that could reasonably have been expected and, as a result, the person suffered harm.

For someone with lung cancer, this may involve considering whether symptoms should have been investigated further, whether an abnormality should have been identified on medical imaging, whether appropriate follow-up occurred, or whether diagnosis or treatment was unreasonably delayed.

What happens if lung cancer was missed on a scan?

Sometimes lung cancer or a suspicious abnormality is visible on an earlier X-ray, CT scan or other medical image, including imaging performed for an unrelated medical issue.

If an abnormality wasn’t identified, reported or appropriately followed up, it may be necessary to consider whether it should reasonably have been detected at the time.

It will also be important to understand whether identifying it earlier would likely have changed the person’s treatment or outcome.

Concerned about a delayed diagnosis?

We understand the impact a lung cancer diagnosis can have on you and your loved ones.

If you're concerned there were missed opportunities to diagnose or treat your lung cancer, our medical negligence lawyers can listen to your story, review the circumstances of your care and explain your legal options.

Where appropriate, we can investigate whether the care you received met an acceptable standard and whether any delay caused additional harm.

Contact our medical negligence team to discuss your situation. We'll explain your rights and help you understand the next steps.