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Strauss, Jeffrey E. Esq.
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  5. Is failure to diagnose a rare cancer malpractice? 

Is failure to diagnose a rare cancer malpractice? 

On Behalf of Strauss Law Offices, LLC | May 15, 2025 | Failure to Diagnose

When someone receives a diagnosis of a rare cancer—often after months or even years of unexplained symptoms—it’s natural to wonder: Should this have been caught earlier? And if so, is it medical malpractice? 

These complex, emotionally charged questions sit at the intersection of medicine and medical malpractice law. 

Rare cancers and diagnostic challenges

Rare cancers—like sarcomas, mesothelioma or adrenal gland tumors—account for a small percentage of total cancer cases. Due to their infrequency, many primary care physicians may never encounter certain types in their careers. This rarity can make early detection especially difficult. 

Symptoms of rare cancers often mimic more common, benign conditions. For example, fatigue, bloating or persistent coughs might be dismissed or misattributed to: 

  • Stress
  • Digestive issues 
  • Respiratory infections 

If a provider reasonably follows accepted diagnostic procedures and the cancer still goes undetected, it may not be malpractice—even if the outcome is tragic. However, it’s a different story if a patient repeatedly presents with: 

  • Unresolved symptoms 
  • Abnormal test results 
  • Family history that should have raised red flags

In this case, suppose the doctor fails to act accordingly, such as failing to order appropriate imaging or refer to a specialist when needed, there could be grounds for a malpractice claim. 

Proving malpractice in rare cancer misdiagnosis cases

Often, expert testimony is used to determine whether the doctor’s actions fell below the standard of care. Medical records, test results and timelines are scrutinized to see whether missed opportunities contributed to disease progression or worsened prognosis. If earlier detection could have improved the chances of survival or reduced the need for aggressive treatment, that may still be a basis for a claim. 

Medicine is not a flawless science; even diligent providers can miss uncommon conditions. That said, when signs were overlooked, concerns dismissed or critical steps skipped, patients and their families have every right to ask questions—and possibly pursue legal action. For individuals who have been affected by a delayed cancer diagnosis, especially with a rare form of the disease, enlisting compassionate legal support is a wise step.

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