When cancer is diagnosed late, the question isn’t only what happens next but why the delay occurred. Test results may have been overlooked, referrals delayed, or symptoms dismissed until the disease advanced.
An Orange County cancer misdiagnosis attorney at Hodes Milman can examine how the diagnostic process broke down and determine where responsibility lies. For over 30 years, our firm has represented individuals and families affected by delayed or mishandled care, and we work to secure compensation for the losses that followed.
Call (949) 640-8222 or contact Hodes Milman online to schedule a free, confidential consultation with an attorney experienced in cancer misdiagnosis cases.
“After interviewing four Orange County law firms for our medical malpractice case, we chose Hodes Milman. From our first meeting, we felt confident they would give our case the attention it deserved. They were kind, thorough, and worked with us for months to achieve a settlement that exceeded our expectations and will help us live comfortably moving forward.”
— Lise Scott
How Cancer Misdiagnosis Happens in Orange County
Understanding the steps that should occur in diagnosis helps clarify where care may have failed and what could have led to a missed or delayed finding.
Breast Cancer
Breast cancer is diagnosed through imaging and biopsy. When changes in the breast are detected, a mammogram or ultrasound should be ordered promptly. If imaging reveals a suspicious area, a biopsy confirms whether cancer is present.
Misdiagnosis occurs when providers or systems:
- Assume a lump is benign without imaging;
- Fail to review or communicate abnormal scan results;
- Do not follow up with a biopsy after concerning imaging; or
- Rely on age or family history rather than testing.
Lung Cancer
Diagnosis begins with imaging, usually a chest X-ray, followed by a CT scan if anything abnormal is seen. If a mass or nodule is identified, a biopsy confirms the presence of cancer cells. These steps should be followed promptly when symptoms such as a lingering cough, chest pain, or shortness of breath are reported.
Lung cancer is misdiagnosed due to:
- Attributing symptoms to infection or asthma without imaging;
- Delaying scans despite documented risk factors;
- Labeling nodules as scar tissue without recommending follow-up; or
- Failing to communicate radiology findings to the treating clinician.
Blood Cancers
Leukemia, lymphoma, and myeloma are diagnosed through blood tests and bone marrow biopsy. Abnormalities on a complete blood count, such as low platelets, anemia, or irregular white cell counts, should prompt additional testing and referral to a hematologist. Enlarged lymph nodes may also require biopsy.
Misdiagnosis results from:
- Attributing abnormal lab values to temporary conditions without further study;
- Ordering repeat tests without hematology referral;
- Monitoring lymph node enlargement without biopsy; or
- Deferring bone marrow biopsy despite clinical indicators of malignancy.
Colorectal Cancer
Colonoscopy remains the primary diagnostic tool. While screening is recommended starting at age 45, earlier testing is warranted when rectal bleeding, bowel changes, or abdominal pain are documented.
Failures in diagnosis include:
- Attributing rectal bleeding to hemorrhoids without confirmation;
- Ignoring positive stool screening results;
- Delaying colonoscopy for symptomatic cases; or
- Discarding removed polyps without pathology review.
Prostate Cancer
Diagnosis involves PSA testing, digital rectal exams, MRI, and biopsy. Rising PSA levels or abnormal findings should lead to further testing.
Prostate cancer remains undetected when providers:
- Continue PSA monitoring without imaging or biopsy;
- Interpret abnormal exams as benign enlargement;
- Delay referrals to specialists; or
- Discourage biopsy without a clear explanation.
Melanoma
Melanoma is diagnosed through skin examination and biopsy. Dermatologists assess moles for changes in color, border, or size.
Misdiagnosis occurs when:
- Evolving moles are observed instead of removed;
- Lesions are dismissed as cosmetic or age-related;
- Shave or punch biopsies miss deeper melanoma; or
- Excised tissue is discarded without pathology testing.
Cervical Cancer
Diagnosis begins with Pap smears and HPV testing. If results show abnormal cells or high-risk virus types, colposcopy and biopsy should follow within weeks.
Breakdowns include:
- No follow-up after abnormal Pap or HPV results;
- Repeating Pap tests instead of performing colposcopy;
- Delays in biopsy or pathology review; or
- Failure to communicate results to the patient or treating team.
Ovarian Cancer
Ovarian cancer is identified through pelvic exams, transvaginal ultrasound, and CA-125 blood testing. When persistent symptoms such as bloating or pelvic pain appear, imaging should be ordered. Any suspicious mass requires referral to a gynecologic oncologist before surgery.
Missed diagnoses stem from:
- Attributing persistent symptoms to hormonal or gastrointestinal causes;
- Not ordering imaging after multiple complaints;
- Labeling ovarian masses as benign without follow-up; or
- Performing surgery without specialist involvement.
Featured Podcast: Dan Hodes on Diagnostic Failures in Cancer Cases
In a recent episode of Cases 4 Causes, Dan Hodes discusses common diagnostic breakdowns in cancer care and how accountability can be pursued when detection comes too late.
He draws on decades of experience representing families affected by missed tests, delayed referrals, and communication failures.
Listen Here
Where Cancer Misdiagnosis Happens in Orange County
In Orange County, diagnostic decisions often begin at primary care clinics, urgent care facilities, or imaging centers such as:
- Hoag Medical Group (Huntington Beach),
- Edinger Medical Group (Fountain Valley),
- Hoag Urgent Care (Irvine),
- Providence Urgent Care (Fullerton), or
- Kaiser Permanente Medical Offices (Anaheim and Irvine).
Additionally, a cancer misdiagnosis can occur at an imaging center, lab, or hospital, such as:
- Hoag Imaging,
- MemorialCare Imaging Center,
- UCI Medical Center,
- Hoag Hospital Newport Beach,
- St. Joseph Hospital in Orange, or
- Kaiser Permanente Orange County (Anaheim Medical Center).
Cancer misdiagnosis can begin with symptoms being dismissed or slow communication between providers. At any of these facilities, delays can occur in evaluating symptoms, reviewing test results, or referring patients to the right specialist.
Some examples include:
- Initial Evaluation: A woman in her forties reports pelvic pain and bloating at a Fountain Valley clinic. The concern is attributed to digestion, and imaging is not ordered. Months later, advanced ovarian cancer is found.
- Diagnostic Testing: A man receives a chest X-ray at an Irvine imaging center for a persistent cough. A nodule is marked low-risk, and no follow-up scan is arranged. Nearly a year later, the cancer has spread.
- Specialist Referral: Bloodwork shows anemia and low platelets at an Anaheim clinic. A hematology referral is suggested but never processed. Leukemia is diagnosed six months later during hospitalization.
- Pathology: A biopsy from a suspicious mole is submitted to a hospital lab in Orange. The report confirms melanoma, but the results are not relayed. Treatment begins only after the lesion progresses.
Scenarios like these show how missed steps in diagnosis can have life-changing results. They also show the value of working with an experienced cancer misdiagnosis attorney in Orange County to pursue justice when care fails.
Studies indicate that claims handled with an attorney recover significantly more in compensation than those filed without legal representation.
A cancer misdiagnosis can alter the course of treatment and recovery.
Hodes Milman has recovered more than $200 million and has over 30 years of experience obtaining justice for negligence in cancer care. Contact us at (949) 640-8222 to request a free case review with an experienced cancer misdiagnosis lawyer in Orange County.
Who Can Be Held Responsible for a Missed Cancer Diagnosis?
When cancer is identified too late, the damage is already done. The question becomes which provider or institution contributed to that delay. Responsibility may fall on:
- A doctor who did not respond to symptoms or test results,
- A specialist who failed to act on a referral or follow-up,
- A radiologist who misread imaging or failed to report a concern,
- A laboratory that returned incorrect results or delayed a report, or
- A hospital or clinic that failed to share records or schedule care.
Under California law, most medical negligence actions must be filed within one year from when the problem should have been recognized and no later than three years from the date of care.
“No one should learn too late that their cancer could have been treated sooner. Justice begins with understanding how that delay happened.”
— Dan Hodes, Managing Partner | Hodes Milman
What an Orange County Cancer Misdiagnosis Lawyer Can Help You Pursue
When cancer remains undiagnosed, treatment begins later and costs rise. The law allows recovery for the financial and personal losses connected to diagnostic delay. These include added medical expenses, lost income, changes to daily living, and, in some cases, loss of life due to missed diagnosis.
Medical Costs
Delayed detection often results in longer and more complex treatment. Additional surgery, chemotherapy, radiation, medication, and testing may become necessary. Expenses increase due to extended hospital stays, travel for specialized care, and procedures that could have been avoided with timely diagnosis.
Lost Earnings
Treatment interruptions and ongoing side effects frequently limit the ability to work. Some return to employment with reduced hours or lower wages. Compensation may include income already lost and the reduction in future earning capacity.
Daily Life and Independence
Intensive therapy can restrict movement, stamina, and self-care. Recovery may involve in-home assistance, adaptive equipment, or changes to living arrangements. Damages can help cover these adjustments and reflect the disruption to ordinary activity and independence.
Death from Missed Diagnosis
When cancer is not identified in time and death occurs, surviving relatives may seek recovery for funeral expenses, lost income, and the absence of the person’s support and companionship through a wrongful death claim.
Why Choose Hodes Milman
For more than 30 years, Hodes Milman has pursued justice for families facing cancer misdiagnosis, securing over $200 million in verdicts and settlements statewide.
Our attorneys have challenged hospitals, clinics, and medical groups across California, achieving results that recognize both the harm caused and the care that should have been provided.
If a cancer diagnosis was delayed or missed, we can review your case and explain what recovery may be available. Call (949) 640-8222 or fill out our online form to arrange a free, confidential consultation with an Orange County cancer misdiagnosis lawyer.
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Frequently Asked Questions
Does it matter that my doctor works for a large group like Kaiser or Hoag?
It can affect how your cancer misdiagnosis case is handled. Some medical groups use their own review or arbitration process instead of the court system. That doesn’t prevent you from bringing a claim. Our Orange County cancer misdiagnosis law firm handles cases involving large healthcare networks and can explain how the process works for the hospital or clinic where you were treated.
Can I hold both the doctor and the hospital responsible for my cancer misdiagnosis?
Often, yes. A late diagnosis can occur due to several breakdowns—one from the doctor, another from the hospital or lab. The doctor may have missed test results or delayed a referral, while the facility may have failed to communicate or follow up. Both can be held accountable for the harm that the delay caused.
Is there a deadline for filing a cancer misdiagnosis lawsuit in Orange County?
Yes. In California, most claims must be filed within one year after you learned—or should have learned—that your diagnosis was delayed or mishandled. You can’t file later than three years from when the care took place. It’s important to speak with an Orange County cancer misdiagnosis attorney soon so those deadlines don’t expire before your case can be reviewed.
How does this process work if my loved one passed away?
If your family member died because cancer wasn’t diagnosed in time, you may be able to bring a wrongful death claim. That allows you to seek compensation for the medical costs, funeral expenses, lost income, and the loss of their companionship and care. Our team can take on the case and handle communication with the providers involved.
ABOUT HODES MILMAN
Hodes Milman has won $200 million and has over 30 years of experience securing justice for victims of negligence. We are proud to call our clients family and offer them the resourceful, committed and accessible legal advocacy they deserve.
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When you work with us, you’ll see the difference. A lot of firms are quick to show you numbers, and it is absolutely true that your lawyer should have experience and a strong track record in the area that you require. However, we’ll take it one step further. We also believe that your attorney should put your needs, cares and desires first. Because you deserve more than just compensation for your losses - you deserve a true advocate.
