Cancer malpractice cases are different from many other medical malpractice cases. The healthcare provider usually did not cause the cancer. The question is whether earlier diagnosis, earlier treatment, appropriate follow-up, or correct interpretation of test results would likely have changed the outcome.
For almost 30 years, a large part of Rawls Law Group’s practice has focused on malpractice cases involving the diagnosis and treatment of cancer. These cases often involve difficult questions about timing, causation, prognosis, screening standards, treatment options, and whether a delay affected the patient’s chance of recovery or survival.
Rawls Law Group handles cancer malpractice cases involving delayed diagnosis, missed screening, failure to follow up on abnormal results, radiology mistakes, pathology errors, delayed referrals, and treatment delays. These cases may involve private Virginia healthcare providers, VA hospitals, military medical facilities, Indian Health Service facilities, and other federal healthcare providers.
Cancer Malpractice Cases We Handle
Cancer malpractice cases often fall into two broad categories: delay in diagnosis or treatment, and incorrect or inadequate treatment.
Most cancer malpractice cases involve some form of delay. In general, when cancer is diagnosed earlier, there may be a better chance of successful treatment. That principle is sometimes too simple, because every cancer is different, but timing is often one of the most important issues in these cases.
Cancer malpractice cases may involve:
- Failure to diagnose breast cancer
- Failure to diagnose colon cancer
- Failure to diagnose lung cancer
- Failure to diagnose prostate cancer
- Failure to diagnose bladder cancer
- Failure to diagnose melanoma
- Failure to diagnose liver cancer
- Failure to follow up on abnormal imaging
- Failure to follow up on abnormal pathology
- Failure to order appropriate screening
- Failure to refer to the right specialist
- Delay in treatment after diagnosis
These cases may arise when a provider fails to order appropriate screening, misreads radiology or pathology studies, ignores symptoms consistent with cancer, fails to follow up on abnormal test results, or delays referral to an oncologist or other specialist.
Common Cancer Diagnosis and Treatment Issues
Cancer malpractice can involve many different types of medical failures. Some cases involve primary care providers who fail to order screening or ignore concerning symptoms. Others involve radiologists or pathologists who miss abnormal findings. Some involve clinical providers who receive abnormal results but fail to act on them.
Common examples include:
- Prostate cancer. These cases may involve failure to perform appropriate screening or failure to act on a rising PSA blood test.
- Colon cancer. These cases may involve failure to refer a patient for colonoscopy, failure to evaluate concerning symptoms, or failure to follow up on abnormal findings.
- Lung cancer. These cases often involve misread imaging studies or failure to follow up on abnormal x-rays, CT scans, or other reported findings.
- Bladder cancer. A common issue is blood in the urine that is not appropriately evaluated.
- Breast cancer. These cases may involve misread mammograms, failure to follow up on suspicious imaging, or delayed referral for biopsy or treatment.
- Melanoma. These cases may involve delays in diagnosis, failure to biopsy a suspicious lesion, or deficiencies in treatment.
- Blood cancers. Some cases involve pre-cancerous or concerning blood conditions that were not properly addressed before the disease progressed.
- Liver cancer. Some patients with certain conditions require specific screening. When appropriate screening is not performed, the delay in treatment can be devastating.
This list is not exhaustive. Rawls Law Group evaluates many types of cancer malpractice cases, including unusual or less common cancers. The fact that a patient has a rare cancer does not automatically mean there is no case.
Why Delay Matters in Cancer Cases
Not all delays are the same. The impact of the delay is often the most important issue in a cancer malpractice case.
A delay must usually be significant enough to show that the cancer progressed, the prognosis became worse, treatment options were limited, or survival was affected. How much delay matters depends on the type of cancer, the stage of the disease, the available treatment options, and the medical evidence.
In some cases, a few months may make a meaningful difference. In others, the delay may need to be longer before it can be connected to a worse outcome. These questions require careful review by medical specialists and experienced malpractice lawyers.
Cancer Cases Require Careful Medical Review
There are many types of cancer, and they are not all the same. Even within broad categories like breast cancer, lung cancer, or colon cancer, there may be many subtypes with different growth patterns, treatment options, and prognoses.
Some cancers have highly effective treatments when caught early. Others may have limited treatment options even when diagnosed promptly. These are some of the most difficult cases, because the care may have been poor, but the legal question is whether better care would likely have changed the outcome.
Cancer knowledge is also constantly changing. Screening guidelines, diagnostic tools, treatment options, and accepted standards of care may change over time. A lawyer handling these cases needs to understand the medical issues, locate the right experts, and evaluate whether the evidence supports a claim.
Screening, Follow-Up, and Abnormal Test Results
Many cancer malpractice cases involve failures in screening or follow-up. Screening can save lives, but screening standards are not always simple. Different cancers have different guidelines, and recommendations may vary based on age, risk factors, symptoms, family history, and other medical conditions.
A case may warrant review when a provider failed to order appropriate screening, failed to investigate symptoms, failed to communicate abnormal results, failed to refer the patient to a specialist, or failed to track whether recommended follow-up actually occurred.
These failures may involve imaging reports, pathology reports, biopsy results, blood work, PSA testing, mammograms, colonoscopy referrals, CT scans, specialist recommendations, or other important medical information.
Cancer Cases Are Challenging
Cancer malpractice cases are challenging. They often require review by specialists, careful analysis of the timeline, and a clear understanding of whether earlier diagnosis or treatment would likely have changed the patient’s prognosis.
These cases may involve oncologists, radiologists, pathologists, primary care physicians, surgeons, and other experts. They may also involve complex statute of limitations or statute of repose issues, especially when the delay occurred over a period of years.
Rawls Law Group has extensive experience evaluating and handling serious cancer malpractice cases. We review the medical records, the timeline of care, the missed opportunities, the applicable standards, and the evidence needed to determine whether a case can be responsibly pursued.
Virginia and Federal Cancer Malpractice Claims
Cancer malpractice cases can involve private Virginia healthcare providers as well as VA hospitals, military medical facilities, Indian Health Service facilities, and other federal healthcare settings. These cases may involve missed screening, failure to follow up on abnormal results, radiology mistakes, pathology errors, delayed referrals, or delayed treatment.
Rawls Law Group handles cancer malpractice cases under Virginia medical malpractice law and, when federal healthcare providers are involved, under the Federal Tort Claims Act. We focus on whether earlier diagnosis, earlier treatment, or proper follow-up would likely have changed the patient’s prognosis, treatment options, or survival.
If you or a loved one suffered serious harm because of a delayed cancer diagnosis, missed abnormal result, or treatment delay, Rawls Law Group can review what happened and help you understand whether you may have a medical malpractice claim.
FAQs
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What types of Virginia medical malpractice cases does Rawls Law Group handle?
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We focus on serious medical negligence cases involving catastrophic injury or death, including surgical errors, delayed diagnosis, failure to diagnose cancer, emergency-room negligence, birth injuries, medication errors, radiology mistakes, infection and sepsis, nursing failures, and failures to follow up on abnormal test results.
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What evidence helps in a Virginia medical malpractice case?
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Medical records are usually the starting point. It can also help to preserve bills, discharge papers, photographs, written timelines, names of providers, and notes about important conversations. Patients and families should avoid posting about the case or injury on social media.
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Why are medical malpractice cases difficult?
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Medical malpractice cases are often complex, expensive, and heavily defended. They require careful review of medical records, strong expert support, and the ability to explain complicated medical issues clearly.
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What does it cost to hire Rawls Law Group for a medical malpractice case?
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We handle medical malpractice cases on a contingency fee basis. That means there is no attorney fee unless we recover money for the client. Case expenses and fee arrangements are explained before representation begins.
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What is the deadline to file a Virginia medical malpractice claim?
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Virginia medical malpractice cases have strict deadlines. In general, a lawsuit must be filed within two years, but there are exceptions and special rules that can affect the deadline. Anyone who suspects medical malpractice should speak with an attorney as soon as possible.
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How do I know whether my injury was negligence or a known complication?
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Many medical procedures involve risks, and a known complication is not always malpractice. The question is whether the provider acted as a reasonably careful provider would have acted under the circumstances. If a complication happened because warning signs were missed, monitoring was inadequate, treatment was delayed, or the provider failed to follow the standard of care, the case should be reviewed.