Is Failure to Diagnose Cancer Considered Malpractice?
Each year, roughly 20 million cancer diagnoses are made worldwide. A cancer diagnosis is often made when an individual begins to experience symptoms, and the disease has progressed. At this point, treatment options are often limited. If you have been diagnosed with cancer at a later stage, your first thought may not be proving your treating physician’s liability.
At Parham Smith & Archenhold, LLC, our medical malpractice attorneys in Greenville, SC, are dedicated to helping individuals recover the compensation they deserve following a physician’s misstep. Keep reading to learn what circumstances may qualify as a failure to diagnose, along with what legal recourse may be available to you.
What is Considered a Failure to Diagnose?
While a cancer diagnosis can be devastating, it can be even more challenging to deal with if there was a delay in diagnosing or a failure to diagnose your condition. Not all diseases can be diagnosed in a timely manner, with some symptoms only presenting once the condition has progressed. However, when a physician fails to identify a condition that would have been diagnosed by another provider performing their due diligence, this is considered a failure to diagnose.
A patient who experiences a delayed diagnosis may be eligible to recover damages if the provider failed to take the appropriate steps to detect the disease earlier. Since many forms of cancer are characterized as being aggressive in nature, a delayed diagnosis can be life-altering for the patient.
The Components of a Failure to Diagnose Case
Medical malpractice is a healthcare professional’s failure to adhere to the acceptable standard of care, harming a patient. The acceptable standard of care is based on what actions a provider in the same field would have taken under the same or similar circumstances.
Recovery in a failure to diagnose case is based on establishing that:
- A doctor-patient relationship existed (establishing a provider’s duty of care);
- The physician deviated from the acceptable standard of care by failing to diagnose the cancer in a timely manner;
- As a result of the physician’s deviation, the patient suffered harm; and
- The patient experienced compensable losses, including lost wages, medical expenses, pain and suffering, etc. Damages in a failure to diagnose suit may be economic (financial) or non-economic (emotional and physical losses).
Limitations on Non-Economic Damages in SC Medical Malpractice Cases
Non-economic damages are any intangible losses, such as pain and suffering, infliction of emotional distress, and permanent disability. Under South Carolina law, there is a cap on non-economic damages in medical malpractice cases. As of 2025, the limit is $580,461 for claims against a single provider and $1,741,383 against all health care institutions and providers per claim.
There is no cap on economic damages, so you may be eligible to recover the full amount of lost wages, medical expenses, and other financial losses that you suffered. The medical malpractice lawyers at Parham Smith & Archenhold, LLC, will gather the necessary evidence to show your attending physician breached their duty of care. Our legal team is prepared to thoroughly investigate your matter to determine where the provider’s oversight occurred. Although demonstrating a physician’s negligence in a failure to diagnose case can be challenging, your financial, emotional, and physical well-being takes priority.
Speak with a Greenville, SC, Medical Malpractice Attorney Today
If you or a loved one has been impacted by a physician’s failure to diagnose cancer, our Greenville, SC, medical malpractice lawyers are here to assist you in filing your claim. For nearly 30 years, Parham Smith & Archenhold, LLC, has helped injured individuals reclaim the compensation they deserve following a medical malpractice suit. To schedule your free consultation with a member of our legal team, do not hesitate to contact us online or by calling (864) 432-1796.