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Cancer misdiagnosis – your rights and legal options

Maurice Blackburn medical negligence lawyer
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30+ years of experience

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What is cancer misdiagnosis?

Cancer misdiagnosis occurs when a medical professional fails to correctly diagnose a patient’s cancer or identifies it at the wrong stage. This can lead to delayed treatment, incorrect treatment plans, and a significant deterioration in the patient’s condition. If a doctor or healthcare provider fails to diagnose cancer, it may be considered medical negligence.

Understanding the different types of misdiagnosis

Cancer misdiagnosis can occur in various forms, including:

A delayed diagnosis happens when a healthcare professional fails to promptly identify cancer, leading to missed treatment opportunities. This delay can significantly affect prognosis and quality of life, making early intervention crucial for successful treatment.

An incorrect cancer diagnosis occurs when a healthcare professional mistakes the nature of a disease, either by confusing cancer with another illness or misinterpreting test results. Incomplete diagnoses may arise when a doctor fails to investigate further, despite results or physical indications leading to the presence of cancer.

Failure to diagnose cancer often means that the patient misses the opportunity for early and effective treatment. Failing to diagnose a condition like cancer can  result in a devastating prognosis as the condition worsens undetected and untreated. 

Human error can also play a role in cancer misdiagnosis. Doctors may misread test results or fail to consider a patient's full medical history, leading to missed signs of cancer. In some cases, the wrong type of treatment may be provided, worsening the patient’s condition due to a cancer staging error.

Why does cancer misdiagnosis happen?

Cancer misdiagnosis often stems from several factors, including:

  1. Complexity of symptoms: Early signs of cancer can be subtle or resemble other non-cancerous conditions.
  2. Inaccurate testing or technology failures: Errors in imaging or lab tests can lead to incorrect results.
  3. Communication failures: Miscommunication between healthcare providers can result in missed diagnoses.
  4. Time constraints: Overburdened medical professionals may overlook or fail to prioritise cancer diagnosis. Sometimes, an oncology misdiagnosis may result from failure to refer the patient to a cancer specialist for further investigation.

Medical negligence, including inadequate training, lack of thorough examination, and insufficient attention to detail, often leads to cancer misdiagnosis. If a healthcare provider deviates from standard care procedures, the likelihood of an incorrect diagnosis increases. If you suspect medical negligence, consulting a lawyer in our medical negligence team can help clarify your legal options.

Consequences of a cancer misdiagnosis

A misdiagnosis can severely impact a patient's health or prognosis, especially when cancer is diagnosed too late. The failure to catch cancer in its early stages often leads to advanced disease, limiting treatment options and reducing the chances of survival.

Misdiagnosis can often lead to additional or unnecessary treatments, further medical bills and immense emotional stress. In addition to the mental toll, the financial burden of prolonged treatments and missed work can be devastating for patients and their families.

Can you make a medical negligence claim for cancer misdiagnosis?

If you or a loved one has been affected by cancer misdiagnosis, it’s essential to understand whether you have grounds for a medical negligence claim. Seeking legal help can provide clarity on eligibility and your options. 

To prove negligence in cancer misdiagnosis, it must be shown that the healthcare provider failed to provide the standard level of care. This might include failing to order necessary tests, misinterpreting results, or not following up on concerning symptoms.

Failure to diagnose cancer often means that the patient misses the opportunity for early and effective treatment. Failing to diagnose a condition like cancer can  result in a devastating prognosis as the condition worsens undetected and untreated. 

  • Bowel cancer
  • Breast cancer
  • Ovarian cancer
  • Cervical cancer
  • Prostate cancer
  • Lung cancer
  • Skin cancer

How much compensation can you claim for cancer misdiagnosis?

Compensation for cancer misdiagnosis varies based on the severity of the misdiagnosis, the impact on the patient’s health, and the financial losses incurred.

Factors such as medical expenses, lost income, pain and suffering are typically considered when calculating a compensation claim.

The cancer misdiagnosis claims process

Steps to take if you’ve been misdiagnosed

  1. 1. Seek a second opinion

    Consult another medical professional to confirm your diagnosis and ensure you receive correct treatment

  2. 2. Gather evidence

    Obtain medical records, test results, and any other relevant documentation.

  3. 3. Consult a medical negligence lawyer

    seek legal advice to understand your rights and options.

How long do you have to make a claim?

In Australia, there are strict time limits on making medical negligence claims.

Generally, you have three years from the date when you became aware of your correct diagnosis to pursue a legal case. However, you should seek legal advice as soon as possible to ensure you don’t miss the relevant limitation date to bring a claim.

Can you make a superannuation claim?

If your cancer misdiagnosis has impacted your ability to work, you may be eligible for superannuation benefits. In some cases, misdiagnosis claims can include a claim for superannuation, especially if the condition leads to permanent disability.

How Maurice Blackburn can help

If you or a loved one has suffered because of a failed diagnosis or negligent medical treatment, our team of expert medical negligence lawyers is here to help you understand your legal options and to achieve the best possible outcome for you. 

No Win, No Fee – What it means for you

We offer No Win, No Fee arrangements for many of our legal services, which means you only pay our fees if we successfully win your case.

Start your cancer misdiagnosis claim today

If a cancer misdiagnosis has impacted your health, speak to Maurice Blackburn.

You don’t have to face this alone. Our compassionate team is ready to listen, understand your story, and fight for your family’s rights.

Contact us today for a confidential, no-obligation consultation.

Need to speak to us sooner? Call us on 1800 111 222


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Gabrielle Feery

Gabrielle Feery

Principal Lawyer, Medical injury

  • Melbourne, VIC
  • (03) 9605 2820
Ric Traini

Ric Traini

Senior Associate, Medical injury, Childhood abuse

  • Adelaide, SA
  • (08) 7109 2705
Marie Eberlein

Marie Eberlein

Senior Associate, State Leader Medical Negligence, Medical injury

  • Perth, WA
  • (08) 6220 4300
Tom Ballantyne

Tom Ballantyne

Principal Lawyer, Medical injury

  • Melbourne, VIC
  • (03) 9605 2858

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