Fact-Checked: Why Trust You may have heard the phrase “watch and wait” many times while getting check-ups. In the medical field, waiting a little longer for symptoms is a common strategy for minor ailments. This approach can worsen your situation when it comes to suspicious symptoms. For example, a mole that looks harmless can also be a classic early sign of melanoma (skin cancer).
In some cases, the law may consider delaying a biopsy as falling below the accepted medical standard of care. If that delay contributes to a later diagnosis of advanced melanoma, it may support a medical malpractice claim in Indiana.
Red flags and negligence
Melanoma is most treatable when caught early, and outcomes are worse when delays happen. The difference between melanoma detected at Stage I and Stage IV is often just months of delay. While not every mole requires immediate biopsy, medical negligence may occur when your doctor fails to biopsy lesions with warning signs.
Under Indiana law, a healthcare professional deviating from the “standard of care” commits medical malpractice. Failure to detect early signs and delaying necessary treatment can lead to worse outcomes. For dermatologists and primary care physicians, the standard of care for skin lesions involves identifying the ABCDE warning signs:
- Asymmetry: Two halves of the lesion do not match each other
- Border: The lesion has irregular, ragged or blurred edges
- Color: Your skin lesion comes in varied shades of brown, black or other unusual colors
- Diameter: The skin lesion is larger in size, perhaps more than a pencil eraser (6 mm)
- Evolving: Your lesion changes in size, shape or color
If your lesion shows any of these signs or changes characteristics, the standard of care typically requires biopsy, not observation.
Indiana’s medical malpractice laws
If you experienced a delayed melanoma diagnosis, you can pursue a medical malpractice claim in Indiana. However, if your claim seeks more than $15,000 against qualified healthcare providers, you must submit it to a Medical Review Panel. The panel reviews your case to determine if your healthcare provider acted within the standard of care. However, exceptions exist for smaller claims or those against providers who have not qualified under the Act.
Timing is critical in medical malpractice cases. Indiana enforces an occurrence-based statute of limitations under Ind. Code § 34-18-7-1. You need to file your complaint within two years of the date the negligent act or omission occurred. Because melanoma can take time to manifest, you should consider communicating with legal counsel if you discover a delayed diagnosis.