A cancer diagnosis is often life-changing, but when that diagnosis is missed or delayed due to medical negligence, the consequences can be devastating. Patients may lose the opportunity for early treatment, face reduced survival rates, or endure painful complications that could have been prevented. If this happened to you or a loved one, you may be wondering: Can I file a missed cancer diagnosis lawsuit in Missouri?
The short answer is yes. Under Missouri law, you may be able to hold a negligent healthcare provider accountable through a medical malpractice claim. However, these cases are complex and require an experienced legal team that understands both the law and the medical issues in your situation.
đź’ˇ Key Takeaways
- You can sue for a missed or delayed cancer diagnosis in Missouri – If a healthcare provider’s negligence caused a harmful delay in diagnosing cancer, you may have a medical malpractice claim.
- Proving malpractice requires showing a breach of standard care – You must demonstrate that earlier diagnosis could have improved your outcome and that the delay caused measurable harm.
- The statute of limitations is usually two years—but exceptions apply – Because timelines can vary, it’s critical to speak with an attorney as soon as possible.
- DKO Law brings medical and legal expertise to every case – Our in-house physician and nurse consultant help uncover diagnostic failures and build strong, evidence-based claims.
What Is a Missed or Delayed Cancer Diagnosis?
A missed cancer diagnosis occurs when a healthcare provider fails to identify cancer during an evaluation, often despite the presence of warning signs or abnormal test results. A delayed diagnosis may involve the provider eventually discovering the cancer, but only after a significant and harmful delay.
Some examples include:
- A radiologist overlooks a mass in an imaging scan;
- A primary care doctor dismisses cancer symptoms as something minor;
- A specialist delays ordering necessary follow-up tests, such as a biopsy; and
- Lab results are misinterpreted, miscommunicated, or lost entirely.
While not every error rises to the level of malpractice, a missed or delayed diagnosis can form the basis of a missed cancer diagnosis lawsuit in Missouri if it resulted from a provider’s negligence.
How Missouri Law Defines Medical Malpractice
In Missouri, medical malpractice occurs when a healthcare professional fails to meet the accepted standard of care and harms a patient. This includes physicians, radiologists, oncologists, and hospitals and healthcare systems.
In cases of a failure to diagnose cancer, to proceed with a lawsuit, the following elements must be present:
- A doctor-patient relationship existed;
- The provider breached the standard of care;
- That breach caused harm—specifically, the delay or failure in diagnosing cancer worsened your outcome; and
- You suffered measurable damages, such as physical injury, emotional distress, or financial loss.
Our legal team works with medical experts and in-house specialists to establish where mistakes occurred and how those failures led to measurable harm.
Can I Sue for a Delayed Cancer Diagnosis?
Yes, you can file a lawsuit for delayed diagnosis if the delay was caused by medical negligence and directly contributed to your injury. The critical question is whether earlier detection would have changed your treatment options, prognosis, or survival.
In our experience, clients who pursue a missed cancer diagnosis lawsuit in Missouri often do so after:
- A doctor failed to follow up on abnormal test results,
- A misread mammogram or CT scan caused months of treatment delay,
- A primary care provider ignored repeated concerns, and
- A communication breakdown occurred between specialists.
Not every delay results in legal liability. We begin each case with a meticulous review, using our internal physician and nurse consultant, to assess whether a lawsuit is viable.
Why These Cases Are Especially Devastating
Cancer is a progressive disease. Every month or year that goes by without treatment can be the difference between Stage I and Stage IV. When a diagnosis is missed, patients may lose access to potentially curative therapies. Families are often left to cope with more aggressive treatment, higher medical bills, or the heartbreak of knowing the outcome might have been different.
After a cancer misdiagnosis, legal options may provide a way to seek justice, closure, and financial support to cover:
- Additional medical treatment made necessary by the delay,
- Loss of income or earning potential,
- Pain and suffering,
- Emotional distress, and
- Funeral expenses in wrongful death cases.Â
These damages reflect not only financial strain but also the emotional toll of knowing a timely diagnosis might have altered the course of the disease. Pursuing a lawsuit for a missed diagnosis allows families to hold providers accountable while seeking the resources needed for ongoing care, stability, and a measure of justice.
How Long Do I Have to File a Lawsuit?
Under Missouri law, the statute of limitations for medical malpractice is typically two years from the date the injury occurred. However, it is possible that the two-year period may begin to run from a later date. In other words, sometimes you may have longer than two years from the date the injury occurred.
There are exceptions for minors and cases involving fraud or concealment. Because the timeline can be complex, you should speak with an attorney as soon as possible if you suspect your diagnosis was delayed.
Who Can Be Held Responsible?
In a missed cancer diagnosis lawsuit, the following parties may be liable depending on the circumstances:
- Primary care physicians,
- Radiologists and imaging centers,
- Pathologists,
- Oncologists, and
- Hospitals or medical groups.
Our firm conducts a comprehensive investigation into every provider and institution involved. If multiple parties contributed to the failure, we pursue accountability at every level.
How Dempsey Kingsland & Osteen Approaches Cancer Misdiagnosis Claims
Not all law firms are equipped to handle these highly technical, emotionally charged cases. At Dempsey Kingsland & Osteen, we bring more than 40 years of litigation experience and a team that includes a full-time physician and nurse consultant. This integrated medical-legal approach allows us to evaluate cases thoroughly, collaborate efficiently with outside experts, and build strong claims from day one.
We do not accept every case. But when we take on a claim, we commit the resources, focus, and experience necessary to pursue justice for our clients.
Talk to a Missouri Cancer Misdiagnosis Attorney Today
If you or your loved one is living with the consequences of a delayed or missed cancer diagnosis, you do not have to face this alone. You deserve answers and accountability.
At Dempsey Kingsland & Osteen, we have spent decades helping families navigate the aftermath of medical malpractice. Our in-house medical team and seasoned litigators work together to uncover the truth, expose negligent providers, and fight for compensation that truly reflects what you have lost.
Contact us online or call us at (816) 421-6868 today to schedule a confidential consultation. If you received a cancer misdiagnosis, let us help you explore your legal options and determine whether a lawsuit is the right step forward.
The legal team at Dempsey Kingsland Osteen works to ensure that the injured are fully compensated for their lasting injuries from medical malpractice or other negligence. We push for comprehensive damages that anticipate the long-term needs of our clients, rather than taking a quick settlement out of convenience.
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