Pittsburgh
Failure to Diagnose Cancer Lawyer

When a physician fails to identify cancer at a stage when treatment would have been most effective, the consequences can be irreversible. A delayed diagnosis, one made months or years after a correct diagnosis was reasonably possible, can allow cancer to advance to a less treatable stage. That delay is a legal injury.

At Ogg, Murphy & Perkosky, P.C., our attorneys have been handling medical malpractice cases in Pennsylvania since 1981. We have recovered over $250 million for injured clients across Western Pennsylvania.

If you or someone you love was harmed by a missed or delayed cancer diagnosis in Pittsburgh or Allegheny County, contact us or call us today for a free consultation at (412) 471-8500. You pay nothing unless we recover for you.

Call Our Attorneys: (412) 471-8500

Who Is Liable if My Cancer Was Missed or Diagnosed Too Late?

A failure to diagnose cancer occurs when a physician, radiologist, pathologist, or other provider misses what a reasonably competent provider should have caught. The consequences can be devastating, a delayed diagnosis can mean the difference between curative treatment and none at all.

Who Are The Liable Parties?

The treating physician, a radiologist who misread imaging, a pathologist who made a biopsy error, or the hospital itself can each be responsible.

Common failures include missed or misread imaging, ignored symptoms across multiple visits, pathology errors, failure to follow up on abnormal lab results, and failure to refer to an oncologist when the signs were there.

The damages reflect the full impact of the delay

Pennsylvania law allows victims to recover compensation for additional medical expenses, lost wages, pain and suffering, and permanent disability.

Even survivors in remission may have a valid claim if a delayed diagnosis forced more aggressive treatment than earlier detection would have required.

You don’t need to determine on your own whether what happened rises to the level of malpractice. That’s our job. Call Ogg, Murphy & Perkosky, P.C. at (412) 471-8500 for a free consultation.

What Are My Rights After a Failure to Diagnose Cancer?

If you were harmed by a missed or delayed cancer diagnosis in Pennsylvania, you have the right to pursue compensation, but those rights come with deadlines, procedural requirements, and legal standards that directly affect your case. Here is what you need to know.

You Have Two Years to File

Under 42 Pa. C.S. Section 5524, medical malpractice claims in Pennsylvania must generally be filed within two years of the date the injury was discovered or should reasonably have been discovered, not necessarily the date of the negligent act itself.

This discovery rule is particularly relevant in cancer cases, where a delayed diagnosis may not become apparent until additional medical opinions are obtained. Miss that deadline and you permanently lose the right to recover. Do not wait to speak with an attorney.

You Have the Right to Have Your Case Heard in the Right Court

Failure to diagnose cancer cases in Pittsburgh are typically filed in the Allegheny County Court of Common Pleas. Our attorneys appear regularly in this court and know exactly what it takes to build a case that holds up.

Get Your Free Case Evaluation

Pennsylvania Requires a Certificate of Merit

Pennsylvania Rule of Civil Procedure 1042.3 requires that a Certificate of Merit be filed within 60 days of filing a medical malpractice complaint.

This certificate must be signed by a licensed professional attesting that there is a reasonable probability that the care provided deviated from an acceptable professional standard and caused the injury.

Missing this deadline can result in dismissal of the case. Our attorneys handle this requirement routinely.

Your Fault Does Not Necessarily Bar Recovery

Under Pennsylvania’s modified comparative negligence rule, 42 Pa. C.S. Section 7102, you can still recover damages even if you were partially at fault, as long as your share of fault is below 51%.

Your compensation is reduced by your percentage of fault, which is why early investigation and evidence preservation matter so much.

How We Fight For Your Failure to Diagnose Cancer Claim

Cancer misdiagnosis cases require specialized knowledge and a methodical approach.

Here’s what working with our team looks like:

  • Step 1: Start With a Free Conversation – Call (412) 471-8500 or reach out through our contact form. We’ll listen to what happened, explain your legal options, and answer your questions at no cost and with no obligation to move forward.
  • Step 2: We Get the Right Experts Involved – We obtain your complete medical records and retain a qualified specialist, typically an oncologist or relevant expert, to evaluate whether your provider deviated from the accepted standard of care. That expert analysis forms the backbone of your Certificate of Merit and eventual trial testimony.
  • Step 3: We Look Beyond the Obvious Defendants – The treating physician is rarely the only party at fault. We investigate radiologists, pathologists, referring physicians, and the hospital itself to build the most complete picture of liability possible.
  • Step 4: We Take Over All Communications – Don’t engage with hospital risk management or insurance adjusters on your own. Once you hire us, we handle every interaction, protecting you from statements that could be used to reduce your recovery.
  • Step 5: We Push for the Outcome You Deserve – Most cases settle, but we prepare every claim for trial from day one. When insurers won’t offer what’s fair, our litigation team is ready to make the case before a jury.
  • Step 6: No Recovery, No Fee – We work exclusively on contingency. No upfront costs, no legal fees unless we win your case.
Scheduled An Initial Consultation With Us

ABOUT
Why Choose The Failure to Diagnose Cancer Attorneys at OMP

A delayed or missed cancer diagnosis can cost someone their life.

At Ogg, Murphy & Perkosky, P.C., we’ve spent over 40 years fighting for patients and families across Pittsburgh and Western Pennsylvania who deserved better from their healthcare providers.

You’ll work directly with an attorney who understands oncology standards of care, knows how to retain the right experts, and has the experience to take on hospitals and insurers.

No upfront costs, no fees unless we win. Call (412) 471-8500 or contact us today for a free case evaluation.

Get Your Free Case Evaluation
“

I highly recommend Mike Murphy and John Perkosky. They kept us informed every step of the way. Both are incredibly caring and were readily available to answer any questions we had. I felt completely confident in their abilities and am extremely grateful for all that they did. Mike and John fought hard to get us the best possible outcome for our case.

– Cheryl G.
“

The best firm in the city, and I'm not just saying that because of my name! Their level of legal knowledge here is unparalleled. Whether it's a personal injury or medical malpractice case, this firm is equipped to handle even the most complex matters. Their track record truly speaks for itself!

– Brandon O.
“

This Law Firm has a very unique way of handling your case. They strive to maximize your settlement, and I appreciate their hard work and professionalism.

– Tyler B.
“

I had such a great experience working with attorney Ben Gobel. His expertise and professionalism was evident throughout my case. He truly worked hard to bring me the best results. I highly recommend Ben for any personal injury issues.

– Ronald L.
“

Attorney Ben Gobel was fantastic. He was accessible and spent a lot of time reviewing my case with me, providing me with all of my options, possible outcomes and his recommendations. I had many questions and he answered every one of them thoroughly. Ultimately, I felt heard and had a better than anticipated outcome to my case!

– Erin O.

Frequently Asked Questions About Pittsburgh Failure to Diagnose Cancer Claims

View All FAQs

In most cases, Pennsylvania’s statute of limitations gives you two years from the date you knew or reasonably should have known that a negligent act caused your injury under 42 Pa. C.S. Section 5524. In cancer misdiagnosis cases, this date may differ from the date of the missed diagnosis itself. These deadlines are strictly enforced. Contact us as soon as possible.

Yes. Survivors may be entitled to compensation when a delayed diagnosis required more aggressive treatment than an earlier diagnosis would have necessitated, or when the delay caused measurable harm to quality of life, earning capacity, or physical health. The claim addresses the consequences of the delay, not solely the final prognosis.

These cases require a qualified medical expert, typically an oncologist or relevant specialist, to establish that the defendant provider deviated from the accepted standard of care and that the deviation caused measurable harm. Our firm works with experienced medical experts who have testified in Pennsylvania courts on these issues.

Surviving family members may be entitled to pursue both a wrongful death claim and a survival action under Pennsylvania law. These claims address both the losses suffered by the estate and the independent losses of surviving family members. A consultation with our firm will clarify which claims apply to your specific circumstances.

Breast, lung, colorectal, prostate, and melanoma cases account for a significant portion of cancer misdiagnosis litigation in Pennsylvania. However, a viable claim may arise from any cancer type where a physician’s deviation from the standard of care caused a delay that worsened the patient’s prognosis or required more extensive treatment.

Nothing upfront. We handle failure to diagnose cancer cases on a contingency fee basis. Our fee is a percentage of the recovery. If we do not obtain a recovery for you, you owe us nothing. We offer a free initial consultation with no obligation.

Contact Our Pittsburgh Failure to Diagnose Cancer Attorneys Today

A delayed or missed cancer diagnosis can allow the disease to progress, limit treatment options, and significantly affect a patient’s prognosis.

Our attorneys can investigate whether symptoms, test results, imaging, or other warning signs should have led to an earlier diagnosis and pursue compensation when medical negligence caused additional harm.

Contact us today at (412) 471-8500 for a free case evaluation. You pay no attorney fees unless we recover compensation for you.

Call (412) 471-8500 today for a free case evaluation.

    eight − 6 =

    The results obtained in any particular case depend upon the specific facts and circumstances of that case. Past verdicts and settlements do not guarantee or predict a similar outcome in future cases.

    245 Fort Pitt Blvd., Pittsburgh, PA 15222, US