Jon Mani | September 14, 2026 | Medical Malpractice
A delayed diagnosis of squamous cell skin cancer can allow the disease to grow, spread, and become more difficult to treat. If a healthcare provider failed to recognize signs of cancer that a reasonably careful provider should have identified, you may have grounds for a medical malpractice claim.
However, a late diagnosis alone does not automatically mean malpractice occurred. A successful personal injury claim generally requires evidence that a medical professional was negligent and that the delay caused you additional harm.
What Is Squamous Cell Skin Cancer?
Squamous cell carcinoma (SCC) is a common type of skin cancer that develops in squamous cells in the outer layers of the skin. It frequently develops on areas exposed to ultraviolet radiation, such as the face, ears, neck, hands, and arms.
Squamous cell skin cancer is often treatable when detected early. However, some cases can grow deeper into the skin or spread to lymph nodes and other parts of the body. This can make early identification and appropriate treatment particularly important.
When Could a Delayed Skin Cancer Diagnosis Be Medical Malpractice?
Not every missed or delayed cancer diagnosis results from negligence. Doctors are not expected to correctly diagnose every condition immediately. The question is generally whether the provider acted as a reasonably careful healthcare professional would have under similar circumstances.
Potential examples of negligence involving squamous cell skin cancer include:
- Failing to properly examine a suspicious skin lesion
- Dismissing concerning symptoms without appropriate follow-up
- Failing to order or recommend a biopsy when warranted
- Misinterpreting biopsy or pathology results
- Failing to communicate abnormal test results
- Losing or mishandling test results
- Failing to refer a patient to a dermatologist or specialist when appropriate
- Delaying necessary follow-up care after abnormal findings
Medical records, pathology reports, photographs, test results, and expert testimony may be important when determining whether the standard of care was violated.
How Can a Late Squamous Cell Carcinoma Diagnosis Cause Harm?
A delay can be particularly significant if the cancer progresses during the period when it should have been diagnosed and treated.
For example, an earlier diagnosis might have allowed the cancer to be removed with a relatively limited procedure. After a significant delay, a patient might require more extensive surgery, radiation therapy, treatment of affected lymph nodes, or reconstructive procedures.
The patient could also experience additional scarring, pain, medical expenses, time away from work, and emotional distress. In more serious cases, the cancer may metastasize, potentially affecting the patient’s prognosis and treatment options.
What Do I Have to Prove in a Delayed Diagnosis Lawsuit?
Generally, proving that your cancer was diagnosed later than expected is not enough by itself. A medical malpractice claim typically requires establishing several elements.
You may need to show that a healthcare provider owed you a duty of care, failed to meet the applicable medical standard of care, and caused you harm as a result. Causation is particularly important in delayed cancer diagnosis cases.
The central issue may be what probably would have happened if the cancer had been identified earlier. Medical experts may review your records to determine whether timely diagnosis would likely have resulted in less extensive treatment, prevented the cancer from spreading, or otherwise produced a better medical outcome.
What Compensation Could I Recover?
If a delayed diagnosis resulted from medical negligence, you may be able to seek compensation for losses caused by the delay rather than for the cancer itself.
Depending on the circumstances, damages could include:
- Additional medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Loss of enjoyment of life
If a delayed diagnosis contributes to a patient’s death, eligible surviving family members may also have grounds for a wrongful death claim.
How Long Do I Have to File a Lawsuit?
In West Virginia, medical malpractice lawsuits generally must be filed within two years of the date of the injury or within two years of when the injury was discovered, or reasonably should have been discovered. However, West Virginia law generally imposes a 10-year statute of repose, meaning a claim cannot be filed more than 10 years after the injury occurred, subject to limited exceptions.
Special rules may apply in certain situations, so determining the applicable deadline as soon as possible is important.
Contact a Charleston Medical Malpractice Lawyer at Mani Ellis & Layne Accident & Injury Lawyers for a Free Consultation
If your squamous cell skin cancer was diagnosed late because of a medical provider’s negligence, you may have grounds for a medical malpractice claim. Mani Ellis & Layne Accident & Injury Lawyers can review your medical records, investigate the circumstances surrounding the delayed diagnosis, and determine whether you may be entitled to compensation.
Contact our Charleston medical malpractice lawyers today for a free consultation to discuss what happened, how the delayed diagnosis affected you, and your legal options.
We proudly serve clients throughout Franklin County from our Columbus, OH, office and throughout Kanawha County from our Charleston, WV, office.
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About the Author
Jon Mani is a founding partner and personal injury attorney at Mani Ellis & Layne Accident & Injury Lawyers. With over 20 years of experience representing injured individuals in West Virginia and Ohio, Jon focuses on complex cases involving car accidents, truck accidents, nursing home abuse, catastrophic injuries, medical malpractice, and wrongful death. He is known for his strategic, hands-on approach to litigation and has held leadership roles within the legal community, including serving as President of the West Virginia Association for Justice. Click here to see some of the firm’s most notable case results.
Locations: Charleston, WV, and Columbus, OH
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