Delayed Diagnosis of Cancer Article

Delayed Diagnosis of Cancer

keywords: medical malpractice, claim, attorney, failure to diagnose cancer, negligence, malpractice, delayed diagnosis, standard of care,
missed diagnosis, New Jersey medical malpractice lawyer, Delayed diagnosis of cancer review, New York medical malpractice lawyer.

FREE CONSULTATION ON YOUR MEDICAL MALPRACTICE CLAIM

______________________

Medical malpractice claims frequently involved missed or delayed diagnosis of cancer. The analysis involves both legal and medical concepts. The attached articles discuss the impact of delayed diagnosis claim and their implications in medical malpractice litigation.

Kern, Medicolegal analysis of the delayed diagnosis of cancer in 338 cases in the United States, Archives of Surgery. 1994 Apr;129(4):397-403;

"OBJECTIVE: To define the frequency, clinical characteristics, and legal outcomes of the delayed diagnosis of cancer leading to negligence litigation. DESIGN: Retrospective review of 338 jury verdict reports from 42 states in the United States. SETTING: State and federal civil court decisions, as reported to litigation survey services, in a 5-year interval from 1985 to 1990. RESULTS: Of 338 cancers divided into 13 major organ sites, breast (38%, n = 127), gastrointestinal (15%, n = 51), lung (15%, n = 50), and head and neck cancers (10%, n = 33) accounted for 80% (270/338) of lawsuits. The average diagnostic delay for 212 cases was 17 months. The median age of patients with delays was 15 years younger than the age of patients presenting with cancer in the general population. For cancers in nine major organ sites, the ratio of mortality for patients filing lawsuits to that for patients with cancer in the general population averaged 3.4:1. The total known indemnity payout was $140.2 million, with an average payout per case of $64,600. At 1 to 3 months of diagnostic delay, jury verdicts largely favored the defense (seven of 11 [65%] defense verdicts); after 6 months of delay, jury verdicts were almost evenly divided between defense verdicts, plaintiff verdicts, and out-of-court settlements. CONCLUSIONS: The delayed diagnosis of cancer leading to negligence litigation is associated with significant indemnity payments, often involves middle-aged patients far younger than the expected age in the general cancer population, and is defensible only in the minority after 6 months of diagnostic delay."
Keywords Cancer, delayed diagnosis, missed diagnosis, claim, medical malpractice.

Christensen, The impact of delayed diagnosis of lung cancer on the stage at the time of operation, European Journal of Cardio-Thoracic Surgery
Volume 12, Issue 6, December 1997, Pages 880-884

Abstract
Objective: The purpose of this investigation was to study the correlation between diagnostic delay and the stage of the lung cancer at the time of operation. A second objective was to study differences in symptoms between the patients grouped according to stage. Methods: A total of 172 patients consecutively admitted for surgery between 1 January 1994 and 1 June 1995 at the Department of Thoracic and Cardiovascular Surgery of Rigshospitalet National Hospital of Denmark were included in the retrospective study. Two groups of patients were compared, one group with good prognosis (patients in Stages I and II) and one group with poor prognosis (patients in Stages III and IV). The time-spans studied were: (1) interval from the patient's perception of the first symptom to operation; and (2) the time from first contact with the healthcare-system to operation. The median delay between the patient-groups was compared using the Mann–Whitney U-test. To compare the symptoms which brought the patients in contact with the healthcare-system, the χ2-test was used. Results: In the time interval between appearance of the first symptom and operation, a significantly shorter median delay was found for patients with Stages I and II compared to Stages III and IV (P=0.037). Concerning the interval from first contact with the healthcare system to operation a significantly shorter median delay was found for the group of patients in Stage I and II compared to the patients-group in Stage III and IV (P=0.017). It was found that the cancer was an accidental finding, significantly more often in patients in Stages I or II compared to patients in Stages III or IV (P=0.0002). Conclusions: A few months delay before final treatment of a non-small-cell lung cancer seems to have an impact on the perioperative stage of the cancer, and thereby on the patients prognosis. A screening of asymptomatic risk-group patients will result in recognition of early lung cancer.

Author Keywords: Lung cancer; Diagnostic delay; Stage; Surgery; Prognosis

MEDICAL MALPRACTICE LINKS

Failure to diagnose cancer, doctor's defenses Malpractice and standard of care
Failure to Detect Lung Cancer claims
What is cancer (chapter one from our upcoming book, A Complete Guide to Lung Cancer)
medical malpractice and standard of care (a journal discussing medical malpractice standards of care including failure to diagnose cancer)
New York medical malpractice claims

medical malpractice lung cancer claims       cancer malpractice statute of limitations
New York Cancer Malpractice claims           medical malpractice and clinical practice guidelines
New Jersey cancer malpractice claims         medical malpractice liability
Medical malpractice jury instruction      New York Medical malpractice law
medical malpractice pre-existing cause       workers' compensation doctor liability for malpractice
cancer, malpractice and informed consent   lung cancer malpractice claim elements.htm

How to contact us:
Law Offices of Howard A. Gutman,
230 Route 206, Mount Olive, New Jersey 07836
(973) 598-1980, E-mail Howian@aol.com

New York Office
305 Madison Avenue, Suite 449
New York, New York 10165 (212) 886-4838

FREE INITIAL CONSULTATION

We offer a free telephone consultation to discuss your case. Please feel free to call or e-mail our office.

About Us

Mr. Gutman is the author of Lung Cancer and Mesothelioma, 480 page book which reviews chemotherapy, gene therapy, radiation, treatment for lung cancer, and medical malpractice questions. He served as a caregiver for a family member with lung cancer, was a member of the board of directors of a leading cancer support group, and is an attorney specializing in lung cancer legal issues. He combines the intellectual knowledge of someone who handles issues of lung cancer with the personal approach of someone who has dealt with cancer and confronted many of the difficult questions patients and family members confront.

Hit Counter