What you need to file a malpractice claim after a delayed cancer diagnosis

What You Need to File a Malpractice Claim After a Delayed Cancer Diagnosis

Receiving a cancer diagnosis can be devastating. Depending on what stage your cancer is at, you may need only radiation treatment, or you may need surgery and chemotherapy.

If you’ve received a delayed cancer diagnosis (that is, your cancer was not detected in the early stages), then you may be able to file a malpractice claim. We’ll explain what you need to know about filing a malpractice claim after a delayed cancer diagnosis.

What is a delayed cancer diagnosis?

A delayed cancer diagnosis is basically what it sounds like – a doctor or other medical professional determines you have cancer when it has advanced to a later stage. The later a stage cancer is at, the harder it is to treat or cure.

A cancer diagnosis is considered delayed if you presented all of your symptoms to a doctor as soon as you noticed them, but the doctor failed to take any action, such as referring you to a specialist or booking blood tests or x-rays. A cancer diagnosis is not considered delayed (from a legal point of view) if you noticed symptoms for years but did not consult your doctor or any other medical professional until your cancer had reached an advanced stage.

What are some of the causes of a delayed cancer diagnosis?

These are some of the most common causes of a delayed cancer diagnosis:

  • It is misdiagnosed as another illness or disease.
  • Your doctor failed to recognize or screen you for cancer properly.
  • Your doctor failed to order the appropriate tests (e.g. blood tests or diagnostic tests).
  • Your doctor did not take a good family health history.
  • The results of diagnostic tests or imaging were incorrectly interpreted.

What evidence do I need to support a malpractice claim for a delayed cancer diagnosis lawsuit?

The key to a successful malpractice claim for a delayed cancer diagnosis lawsuit is the ability of the plaintiff to prove causation. In this situation, causation means cause and effect between one event or action (the doctor’s failure to diagnose cancer) and the result (cancer reaching an advanced stage).

The plaintiff must prove all of the following in regards to the patient:

  1. That the patient was present when the doctor examined them.
  2. That the patient would have been diagnosed earlier if their doctor had provided the expected standard of care.
  3. That the outcome of the patient’s disease would have been more favourable with an earlier diagnosis.

It can be highly challenging for a patient to prove all of this on their own, which is why it’s important to talk to a medical malpractice lawyer before filing a delayed cancer diagnosis lawsuit.

How can Sommers Roth and Elmlaleh help me with a delayed cancer diagnosis malpractice claim?

At Sommers Roth and Elmaleh, we have over forty years of experience pursuing medical malpractice claims, including claims for a delayed cancer diagnosis.

If you’ve been subject to a delayed cancer diagnosis, you’re probably feeling overwhelmed by emotions and worried about what the future holds. You need to focus all your energy on getting better, which is why you should hire a medical malpractice lawyer to file a lawsuit instead of trying to fight your case on your own.

When you come to Sommers Roth and Elmaleh to talk to us about your delayed cancer diagnosis, we’ll explain:

  • Who a medical misdiagnosis claim (including a delayed cancer diagnosis claim) can be made against. A medical misdiagnosis claim is a civil claim that can be made against various medical professionals, including doctors, technicians, and nurses.
  • What needs to be done to have a successful malpractice claim. When it comes to a delayed cancer diagnosis claim, we must be able to prove that you were not provided with an expected standard of care and that your delayed diagnosis has had a significant impact on your health.
  • How we can help you obtain compensation for your delayed cancer diagnosis. Due to your delayed cancer diagnosis, you may face aggressive treatment, limiting your ability to work or requiring you to take medication that isn’t covered by provincial or private insurance plans. Compensation from your lawsuit can help you cover lost wages or expensive treatment.

At Sommers Roth and Elmlaeh, we can help you navigate the medical-legal system and provide you with the support you need to fight your delayed cancer diagnosis lawsuit.

A Delayed Cancer Diagnosis Can Be Devastating, But You’re Not Alone!

We’ve explained what a delayed cancer diagnosis is, what some of the causes of a delayed diagnosis are (such as not being appropriately screened for cancer), and what you need to file a malpractice claim after a delayed cancer diagnosis.

At Sommers Roth and Elmaleh, our experienced medical malpractice lawyers can explain to you how strong a medical malpractice case you have and your options for pursuing a malpractice claim for your delayed cancer diagnosis.

Contact Us to Learn More About Filing a Malpractice Claim After a Delayed Cancer Diagnosis

Whether you’ve been subject to a delayed cancer diagnosis, or another type of medical malpractice, we’re here to help. For a free consultation, call us at 1-844-414-0421 or contact us online.

Disclaimer and Liability Exclusion

The information on this page is provided for general information purposes only. It should not be construed as legal advice. It does not constitute legal or other professional advice or an opinion of any kind. Readers should seek specific legal advice regarding any specific legal issues. We do not in any way guarantee or warrant the accuracy, completeness or quality of the information on this page. The posts on this page are current as of their original date of publication, but they should not be relied upon as timely, accurate or fit for any particular purpose.

Accessing or using this web site or the content herein does not create a lawyer-client relationship.

This page may contain links to third party web sites. We are unable to, and do not, monitor and guarantee the quality of the information disseminated and accessible through those links, which are provided for convenience only. We do not endorse the information contained in linked web sites nor guarantee its accuracy, timeliness or fitness for a particular purpose.

    If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
    You pay us nothing unless we win.



    A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

    The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.


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    Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa
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    We deeply appreciate Sommers Roth & Elmaleh for their professional skills and hard-working through the whole process of my son’s case. I still remember the first conversation we took with Mr. Hilik Y Elmaleh in his lawyer office sixteen years ago. From then on, your dedication, patience, understanding and continuous communications kept our encouragements and expectations for my son and our family. With the case settled down, my son can receive the full financial support, continuous therapies and finishing his university course. It is no doubt to say that Sommers Roth & Elmaleh not only changed our family’s life but also did contributions to the society, because my son can grow in a happy and health way in his teenage and receive university education from this autumn. Again we hereby strongly recommend the services provided by the lawyer office Sommers Roth & Elmaleh to those who needs the similar legal consultation and support. Even the door of your family was closed by some unfortunate events, there are more windows can be opened. The lawyers in Sommers Roth & Elmaleh are exactly the people who can open the windows and convert the sun-shine again to your family: Mr. Hilik Y Elmaleh,Mr.Jeremy Syrtash, Miss Fanny Peter ...etc. Finally, we express the deepest gratitude and appreciation again to Mr. Hilik Y Elmaleh and lawyer office Sommers Roth & Elmaleh. Wish a brighter future of Sommers Roth & Elmaleh !
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    I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!
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