Failure to Diagnose Lung Cancer

Lung cancer causes more cancer deaths every year than any other cancer—and more than colorectal and pancreatic cancers combined. The American Cancer Society projected that in 2026, 229,410 Americans would be diagnosed with lung cancer, with more than half (124,990 people) expected to die from the disease. Therefore, screening for and diagnosis of lung cancer is serious business.

When a Missed Lung Cancer Diagnosis Becomes Medical Malpractice

A missed lung cancer diagnosis will have dire effects on a person’s life. A cancer misdiagnosis constitutes medical malpractice when:

• The physician fails to order screening for lung cancer with low dose CT scan in patients at risk.
• The physician failed to diagnose it when the symptoms were present and/or imaging results documented evidence of lung cancer. 
• The physician neglected to act according to the standard of care when an radiology report finds a pulmonary nodule that is suspicious but fails to order follow up studies or refer the patient to another specialist.
• The delayed or missed diagnosis caused the patient harm, such as a measurable change in the cancer’s status to a later stage, harsher treatment, or death (which could be ruled a wrongful death). 

Early Diagnosis Is Key for Lung Cancer

It has been proven time and again that early diagnosis through screening with low-dose CT (LDCT) scans saves lives. The test is non-invasive, takes just a few minutes, and it is highly effective for people at high risk for lung cancer. Unfortunately, according to the American Lung Association, nearly half of all cases of lung cancer (43.1%) are not caught until a late stage when the cancer has spread to other organs and the survival rate is only 10%. When lung cancer is caught early enough, the five-year survival rate is much higher at 65%. Therefore, early diagnosis is key for getting better outcomes from treatment.

Who Should Be Screened for Lung Cancer? 

Smoking is a lead factor in 80-90% of lung cancer deaths. For this reason, primary care physicians and other medical practitioners should recommend that adults ages 50 to 80 be screened for lung cancer if they have a 20-pack-year smoking history and currently smoke or quit smoking within the last 15 years. A 20-pack-year history means a person smoked a full pack of 20 cigarettes every day for 20 years or an equivalent combination (such as two packs a day for 10 years). This recommendation comes from the U.S. Preventive Services Task Force. 

Additional guidelines from the National Comprehensive Cancer Network recommend lung cancer screening for smokers with risk factors that include a personal cancer history or family history of lung cancer, radon exposure, occupational carcinogen exposure, COPD, pulmonary fibrosis, or exposure to secondhand smoke.

Who Can Be Held Liable in Your Missed Lung Cancer Diagnosis?

Failure to diagnose cancer is one of the most common types of medical malpractice claims in the United States. Several parties can be held liable in a missed lung cancer diagnosis.

• A physician who does not ask about a patient’s smoking history or fails to recommend screening to patients who are eligible for a low-dose CT scan. This medical error leads to missed lung cancer detection, delayed lung cancer diagnosis, and a poor outcome, since failure to diagnose early means it is often too late to treat the cancer successfully. 
• A radiologist who misreads an LDCT screening or overlooks a suspicious lesion or nodule that could be an early-stage cancer (which, if not diagnosed, will lead to patient harm). 
• A physician who ignores a patient’s medical history which puts the patient at risk for lung cancer.
• A physician who does not recommend or order a biopsy when a nodule or other suspicious growth is detected on the scan.
• An employer whose workplace is a hazardous environment and fails to minimize exposure to or provide protective gear against carcinogenic materials and compounds.
• A government agency, including the U.S. military, that exposes workers or troops to cancer-causing toxins.

New Jersey Timelines for Filing a Claim

As with all medical malpractice lawsuits, the New Jersey timeline to file a claim for failure to diagnose lung cancer is two years from the date of discovery. That date of discovery refers to when you knew or reasonably should have known the diagnosis of lung cancer was delayed by medical negligence. 

In a medical malpractice lawsuit, New Jersey requires an Affidavit of Merit from a qualified expert within 60 days of filing a claim of malpractice or medical negligence. The plaintiff must provide each defendant with an affidavit of an appropriate licensed medical expert who meets the requirements of one who can provide expert testimony. The affidavit must state that there is a reasonable probability that the medical care fell outside acceptable standards of care or treatment practices. 

How a New Jersey Failure to Diagnose Lawyer Can Help

Navigating the legal system and proving medical or other negligence that caused failure to diagnose lung cancer are complex issues. You need an experienced medical malpractice attorney who understands the ins and outs of these cases. 

A New Jersey failure to diagnose lawyer will ensure that all relevant medical records are gathered and carefully reviewed to find evidence of fault on the part of liable parties. In addition, the failure to diagnose lawyer will hire expert medical witnesses and other experts (depending on the defendant) to pursue just compensation for the patient and family. 

Was Your Lung Cancer Missed? Learn More from a NJ Failure to Diagnose Lawyer

If you or a loved one has been harmed because of a missed lung cancer diagnosis, you may have grounds for a medical malpractice lawsuit. The NJ failure to diagnose lawyers at Britcher, Leone & Sergio, LLC, understand what the pain and suffering of a failure to diagnose cancer does to a family. Contact our NJ office to learn how we help people achieve just compensation in these difficult cases.