Delayed Diagnosis of Head and Neck Cancers

Delays in Diagnosis of Head and Neck Cancers

Delays in diagnosis of head and neck cancers, including those affecting the mouth, throat, larynx, and thyroid, can increase the risk of treatment complications and reduce both quality and length of life. If you or a loved one has experienced a delay in diagnosis leading to advanced disease, consulting a medical malpractice lawyer may be necessary to explore your legal options.

Why Early Diagnosis is Crucial

Head and neck cancers are often aggressive and can spread quickly to nearby tissues, making early detection essential for effective treatment. Also, delays in diagnosis allow head and neck cancers to spread to more parts of the head or neck, or into nearby tissues and lymph nodes.  Inevitably, patients with more advanced cancer need more invasive and extensive treatments in the form of surgery, radiation, or chemotherapy.

Treatment for larger, more widespread tumors is more likely to lead to scarring and deformities. These injuries make it more difficult for cancer patients to eat or breathe. Patients may need alternative airways, like a tracheostomy, or feeding tubes to provide nutrition until their tissues heal from surgery or radiation.  Regrettably, some patients may depend on these alternative, life-sustaining measures for the rest of their lives.  In these ways, delays in diagnosis of head and neck cancers can significantly reduce the chances of survival.

Common Causes of Delayed Diagnosis

Head and neck cancers most prone to delay in diagnosis include oropharyngeal cancer, thyroid cancer, nasopharyngeal cancer, and laryngeal cancer.  Early symptoms are often subtle and not specific to cancer.  Lack of appropriate diagnostic testing or misinterpretation of diagnostic test results can also contribute to the delayed diagnoses of these cancers. More specifically, the following factors can contribute to a delayed diagnosis of head and neck cancers:

1. Misinterpretation of Symptoms Head and neck cancer symptoms—such as hoarseness, sore throat, persistent cough, difficulty swallowing, and lumps in the neck—can be mistaken for less serious conditions like infections, acid reflux, or allergies. Physicians may fail to take these symptoms seriously, especially if the patient has no known risk factors such as smoking or alcohol use.
   
   Symptoms of oropharyngeal cancer such as a persistent sore throat, difficulty swallowing, or ear pain can mimic symptoms of the common cold or tonsillitis. And oropharyngeal is related to chronic human papillomavirus infection (HPV).  Because HPV-related cancers often occur in younger, healthier individuals without traditional risk factors like smoking or alcohol, doctors may underestimate the risk of cancer in such patients.
   
   
2. Failure to Perform Diagnostic Tests Physicians sometimes overlook the need for critical diagnostic tests, including imaging studies (CT scans, MRIs) or biopsies of suspicious masses or an enlarged thyroid gland. A thorough evaluation, particularly for persistent symptoms, is crucial.
   
   In some cases, healthcare providers may fail to perform diagnostic tests due to inadvertence.  For example, physicians may mistakenly interpret a thyroid nodule as benign based upon its appearance on an initial ultrasound. This could lead a physician to wrongly choose observation of the nodule when it should be biopsied to look for microscopic evidence of cancer cells.
   
   
3. Inadequate Referral to Specialists Delays can also occur when primary care physicians fail to refer patients to specialists, such as an otolaryngologist (ENT) or an oncologist, when necessary. These specialists are trained to recognize the early signs of head and neck cancers and can perform more advanced diagnostic tests such as endoscopy and biopsy of tissues within the head and neck which are concerning for cancer.
   
   
4. Misreading of Imaging or Biopsy Results Even when diagnostic tests are performed, errors in interpreting the results can lead to delays. Radiologists or pathologists may misinterpret imaging studies or biopsy samples, mistakenly concluding a suspicious mass is benign when it is, in fact, cancer. Such misinterpretations can postpone the necessary treatment and worsen the patient’s prognosis.
   
   
5. Failure to Follow Up on Abnormal Findings Some delays occur when physicians fail to promptly follow-up on abnormal test results. For example, if a physician receives a report from a pathologist indicating abnormal findings on a biopsy but does not inform the patient or recommend further investigation, critical time is lost. The work-up of cancer involving the head and neck may involve multiple diagnostic tests or medical procedures.  Physicians from several specialties may play a part in the work-up and staging of a head and neck cancer.  Because the process of identifying the full extent of cancer and forming a treatment plan can take months, timely follow-up and management of abnormal results are vital to early diagnosis and treatment.
   
   
6. Failure to Properly Evaluate the Oral Cavity During Dental Exam Dentists are often on the front lines for spotting the first signs of oral cancer. In fact, dentists are expected to recognize signs suspicious for cancer during a dental exam and make sure patients are referred for further evaluation and testing if necessary. To learn more about the delayed diagnosis of oral cancer by dentists, please click for the article here.

Injuries Caused by the Delayed Diagnosis of Head and Neck Cancers

In evaluating a potential medical malpractice lawsuit, it is important to prove the exact harm caused by the delay in diagnosis of a head and neck cancer. A lawsuit may be warranted when medical specialists in head and neck surgery and oncology agree the patient suffered harm in the one or more of the following ways:

• Advanced Disease: Late-stage cancer is more difficult to treat and is often associated with a poorer prognosis.
• More Invasive Treatments: Delayed diagnosis may lead to the need for aggressive treatments like radical surgery, radiation, and chemotherapy, which can significantly impact a patient’s quality of life.
• Reduced Survival Rates: The survival rate for head and neck cancers is much higher when caught early. Delayed diagnosis can drastically reduce the likelihood of successful treatment and long-term survival.

Legal Recourse for Delayed Diagnosis

You may have grounds for a medical malpractice claim if you or a loved one has suffered from a delayed diagnosis of a head or neck cancer.  To prove a case, we must hire medical experts to review medical records. Before we can file a lawsuit, these experts must tell us whether one or more physicians failed to meet the standard of medical care.  Then, we must prove this failure directly led to a delay in diagnosis of cancer which seriously affected the patient’s prognosis and quality of life.

A successful malpractice case can provide compensation to a patient whose cancer was misdiagnosed for the following types of damages:

• Medical expenses (past and future)
• Lost earnings – including earnings lost in the past and those earnings the injured party could have expected for the remainder of their work-life expectancy had they received timely diagnosis and treatment of their cancer
• Pain and suffering related to the delay in diagnosis and treatment of cancer, including emotional harm, anxiety, scarring, disfigurement, and the loss of enjoyment of life’s pleasures.

When a victim of medical malpractice succumbs to their illness, their estate is entitled to claim legal damages the patient could have claimed during their lifetime. Also, the surviving spouse, parents, or children may recover damages for their loved one’s loss of earnings and most importantly, the value of the support, both financial and intangible, lost due to the premature death of their loved-one.

Notable Settlements and Verdicts

Examples of jury verdicts for patients or families who suffered from delays in diagnosis of head and neck cancers include the following cases:

• $3.38 Million Verdict for Failure to Diagnose Oral Cancer in Maryland: In Maryland, a patient received a $3.38 million award after delays in diagnosing signs of early-stage cancer of the salivary gland. The patient underwent a neck CT scan which showed thickening of a salivary gland, but the radiologist misinterpreted the findings, leading to significant progression of the salivary gland cancer from stage I to stage IV. Regrettably, the delay in further investigation resulted in metastatic cancer which spread to the bones and liver shortly after diagnosis and reduced life expectancy. https://medicalmalpracticelawyers.com/3-38m-maryland-medical-malpractice-jury-verdict-against-radiologist-for-missed-cancer/
  
  
• $12.5 Million Verdict for Delay in Diagnosis of Tongue Cancer: In Georgia, a 60-year-old man sought evaluation for a lump in his neck. The patient underwent an MRI which confirmed the presence of the lump. The patient was referred to an Ear Nose and Throat physician who aspirated the lump. After multiple visits and surgical removal of the lump, further testing confirmed squamous cell carcinoma. Further examination revealed a tumor at the base of patient’s tongue—initially visible on the MRI but overlooked by the ENT at the start of treatment. Due to the delayed diagnosis of tongue cancer, the patient required intensive radiation, resulting in a fractured jawbone and the eventual need for a prosthetic, leaving him with significant difficulties eating and opening his mouth. Reise v. Jerles, No. 83845 (Ga. Ct. Bibb County).

The timely diagnosis of head and neck cancers is critical to achieving the best possible outcomes. Unfortunately, delays caused by misinterpretation of symptoms, failure to perform or follow up on diagnostic tests, and inadequate referrals can lead to serious harm. If you suspect a healthcare provider negligently delayed the diagnosis of a head or neck cancer, please call the office of Lupetin & Unatin.  Our Pittsburgh medical malpractice attorneys will listen to the story of what happened and gather the details we need to find out whether something went wrong. Our experienced lawyers can help you understand your legal options and if appropriate, seek the compensation you deserve.