How many healthcare providers are sued for failing to diagnose cancer and what is the average payout?

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Last updated: February 13, 2025View editorial policy

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From the Research

Number of Healthcare Providers Sued for Failing to Diagnose Cancer

  • According to 1, missed cancer diagnoses represented 980 (46%) cases of primary care diagnostic errors, with the majority (76%) involving errors in clinical judgment.
  • A study by 2 found that failure to diagnose lung cancer was the most common reason physicians were sued (80% of cases).
  • Another study by 3 found that delay in diagnosis was cited as a reason for claimed negligence in 82% of breast cancer malpractice cases.

Average Payout for Failing to Diagnose Cancer

  • The average payout for lung cancer malpractice cases was $632,261, as reported by 2.
  • For breast cancer malpractice cases, the average payout was $978,858, according to 3.
  • A study by 4 found that pathology claim severity is high, especially for claims involving a misdiagnosis of melanoma or a false-negative Papanicolaou test.

Factors Contributing to Malpractice Claims

  • Failure to refer to a surgeon was found to be a significant factor in breast cancer malpractice cases, with a twofold increase in likelihood of payment to the plaintiff, as reported by 3.
  • Delay in diagnosis of ≥12 months was also found to be a significant factor, with a twofold increase in likelihood of payment to the plaintiff, according to 3.
  • Errors in clinical judgment, such as failure or delay in ordering a diagnostic test, were found to be common in missed cancer diagnoses, as reported by 1.

References

Research

Missed diagnosis of cancer in primary care: Insights from malpractice claims data.

Journal of healthcare risk management : the journal of the American Society for Healthcare Risk Management, 2019

Research

An insurer's perspective on error and loss in pathology.

Archives of pathology & laboratory medicine, 2005

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This information is intended for healthcare professionals. Any medical decision-making should rely on clinical judgment and independently verified information. The content provided herein does not replace professional discretion and should be considered supplementary to established clinical guidelines. Healthcare providers should verify all information against primary literature and current practice standards before application in patient care. Dr.Oracle assumes no liability for clinical decisions based on this content.

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