From the Research
Number of Healthcare Providers Sued for Failing to Diagnose Cancer
- According to a study published in 2019 1, missed cancer diagnoses represented 46% of primary care diagnostic errors, with the majority involving errors in clinical judgment, such as failure or delay in ordering a diagnostic test or failure or delay in obtaining a consult or referral.
- A 2002 study 2 noted that failure to diagnose breast cancer is a significant medicolegal issue, with the incidence of breast cancer likely to increase, leading to more claims for failure to diagnose cancer in a timely manner.
- Another study from 2005 3 found that 63% of pathology malpractice claims involved failure to diagnose cancer, resulting in delay in diagnosis or inappropriate treatment.
- A 2007 review of literature 4 found that errors in cancer diagnosis are likely the most harmful and expensive types of diagnostic errors, with preventable errors classified according to their origins in patient-physician encounters, diagnostic test or procedure performance, pathologic confirmation of diagnosis, follow-up of patient or test result, or patient-related delays.
- A 2004 study 5 found that failure to diagnose lung cancer was the most common reason physicians were sued, with primary care physicians and radiologists named as defendants in over 75% of suits.
Types of Cancer Most Commonly Involved in Malpractice Claims
Factors Contributing to Malpractice Claims
- Errors in clinical judgment, such as failure or delay in ordering a diagnostic test or failure or delay in obtaining a consult or referral 1
- Failure to diagnose cancer, resulting in delay in diagnosis or inappropriate treatment 3
- Patient-physician encounters, diagnostic test or procedure performance, pathologic confirmation of diagnosis, follow-up of patient or test result, or patient-related delays 4
- Misinterpretation of chest radiographs 5