phone icon

Can You Sue in New York for a Missed Endometrial Cancer Diagnosis?

Missed Cancer Diagnosis

Like with most cases of cancer, early detection of endometrial cancer is key to surviving and minimizing the use of invasive treatment. If your medical provider failed to diagnose your endometrial cancer promptly, thereby reducing your ability to engage in more effective and less invasive treatment options, you may have a viable legal claim against them for medical malpractice.

The legal team at Powers & Santola, LLP has decades of experience handling complex medical malpractice cases, including failed or delayed cancer diagnoses. We can carefully investigate your case to determine where the failure occurred and fight to hold negligent medical providers responsible. Contact us today for a free consultation.

What Is Endometrial Cancer?

Endometrial cancer is a type of gynecological cancer that forms in the inner uterine lining, called the endometrium. This is where fetal development occurs and is located within the pelvic region. This form of cancer is most commonly diagnosed between ages 55 and 65, with more than 90% of cases diagnosed after age 40.

According to the American Cancer Society, approximately 68,270 new cases of endometrial cancer will be diagnosed, and 14,450 women will die from endometrial cancer in 2026. It is the most common cancer in the female reproductive organs.

Common Symptoms of Endometrial Cancer

Endometrial cancer most commonly affects postmenopausal women, so doctors treating women in this demographic should be on the lookout for common signs of endometrial cancer. These symptoms can vary, but some of the most commonly noted symptoms of endometrial cancer include:

  • Pelvic pain
  • Vaginal bleeding between periods or after menopause
  • Changes in urinary or bowel habits
  • Presence of abnormal discharge
  • Unexplained weight loss
  • Presence of an unknown mass

While some patients may display more obvious symptoms, for many patients, endometrial cancer presents with mild or nonspecific symptoms, which can lead to diagnostic difficulties.

Doctors can conduct pelvic exams as an initial diagnostic step, but this exam might not generate abnormal results if the cancer has not progressed. Gynecologists can perform pap smears. Biopsies may be necessary to analyze tissue samples. In some cases, doctors may perform transvaginal hysteroscopy.

What Is a Failed Diagnosis?

A failure to diagnose occurs when a healthcare provider does not diagnose a patient with a condition they have. A failure to diagnose when involving cancer can be particularly dangerous because victims do not receive the medical treatment they need to survive.

A failure to diagnose is distinct from a delayed diagnosis, which happens when a healthcare provider eventually diagnoses a patient with the condition that they have. Still, the diagnosis comes after it should have, potentially resulting in reduced survival rates or other adverse consequences. It is also different from a misdiagnosis, which happens when a patient receives an incorrect diagnosis. This issue can be twofold: first, the patient does not receive the medical care they need for their actual condition. Second, they receive medical treatment they do not need, which could also be harmful.

Dangers of a Failed or Delayed Endometrial Cancer Diagnosis

Failure to diagnose endometrial cancer can result in fatal or otherwise serious consequences. The survival rate for endometrial cancer varies significantly depending on how far the cancer has spread. When it is localized, the five-year survival rate is 96%. However, if it is regional, these odds reduce to 72%. It drastically reduces to an abysmal 22% if it is distant. These statistics show the importance of early detection – and the devastating consequences of a late diagnosis.

Even when endometrial cancer is not fatal, a delayed diagnosis can minimize women’s treatment options. More invasive medical treatment may be necessary, which comes along with greater risks and more impactful side effects.

What Is the Standard of Care?

The standard of care refers to the level of care that another healthcare professional with similar training and in the same specialty area would have provided under similar circumstances. It is the measure used in medical malpractice cases to determine what the medical provider should have done under the circumstances. Usually, the standard of care arises from the doctor-patient relationship between the victim and their medical provider.

For endometrial cancer situations, healthcare professionals must respond to symptoms they observe or detect. They must gather information about the patient’s history and risk factors. They must devise a course of action to ensure their patient’s safety.

When assessing the standard of care, the question is, “What would other reasonably prudent doctors do under similar circumstances?” For example, if a reasonably prudent doctor in the same specialty in Upstate New York would have ordered a biopsy, based on the similar patient history and symptoms, this could be the standard that your medical provider is held to. A medical expert typically testifies about the relevant standard of care, based on the particular situation and specialty.

The other legal elements that you must establish in a New York medical malpractice case are:

Deviation from the Standard of Care

After establishing the standard of care, you must then show what your doctor did (or didn’t do) to deviate from the standard of care. For example, they may have failed to order a biopsy. This legal element usually involves an act or omission that another reasonably competent medical provider would or would not have committed under similar circumstances. A medical expert is necessary in New York medical malpractice cases to testify about the breach of the standard of care.

Causation

Just because you had a bad health outcome does not necessarily mean that you have a viable legal claim. You must be able to connect your healthcare provider’s deviation from the standard of care with the negative health outcome. For example, if your healthcare provider could have detected your endometrial cancer sooner had they ordered a biopsy, you may be able to establish the direct link between the defendant’s breach of duty and the harm that you suffered. An expert witness can also provide an official opinion on this legal element.

Damages

Finally, you must be able to establish that you suffered harm as a result of your healthcare provider’s deviation from the standard of care. For example, your endometrial cancer progressed and spread to the extent that it was much more challenging and expensive to treat. You could have suffered various damages, such as:

  • Additional medical expenses for surgical costs, radiation therapy, chemotherapy, and hormone therapy
  • Lost wages for the time you were seeking medical treatment or recovering
  • Reduced earning capacity if you are unable to return to your same line of work
  • Pain and suffering
  • Loss of enjoyment of life
  • A shortened life expectancy
  • Loss of consortium

The lawyers at Powers & Santola, LLP are experienced trial attorneys who know how to establish all of the legal elements listed above and have a network of expert witnesses at our disposal who can further support your medical malpractice claim. Contact us today for a free case evaluation.

Common Errors That Lead to a Delayed Diagnosis

An endometrial cancer diagnosis can be delayed or missed due to various causes, such as:

Failure to Recognize Symptoms

Doctors are trained to recognize signs of ovarian and uterine cancer based on what the patient says about their health, specifically looking out for common signs, such as abnormal vaginal bleeding, pelvic pain, and painful urination. When they don’t take these symptoms seriously, the consequences for the patient and her family can be devastating.

Misdiagnosing Symptoms

Doctors could also blame the patient’s stated symptoms for other medical conditions that share symptoms, such as:

  • Uterine fibroids
  • Polycystic ovary syndrome
  • Endometrial hyperplasia
  • Cervical or endometrial polyps
  • Atrophic vaginitis
  • Pelvic inflammatory disease

Ignoring Patient History

Doctors should also carefully evaluate a patient’s history and identify risk factors such as:

  • A history of cancer
  • Previous medical conditions
  • Early age menstruation or late menopause
  • Use of estrogen

Failing to Order Appropriate Tests

Even though doctors have state-of-the-art tools that can identify and diagnose early-stage endometrial cancer at their disposal, they could fail to order these tests.

Misinterpreting Test Results

Another common problem resulting in a delayed cancer diagnosis is the healthcare provider’s failure to interpret test results correctly. This could include various types of test results, including:

  • Lab results
  • Imaging studies
  • Biopsies

Contact the Dedicated Legal Team at Powers & Santola, LLP for a Free Case Review

If a doctor’s failure to diagnose endometrial cancer promptly led to your cancer progressing or the loss of a loved one, do not hesitate to reach out to the experienced legal team at Powers & Sanotla, LLP for assistance. We regularly handle these types of cases and know how to approach them with the sensitivity and care that they command, while aggressively representing your interests against careless doctors. We are prepared to pursue justice and the full compensation that you deserve. Contact us today for a free consultation.

location map
X