When Ovarian Cancer Is Misdiagnosed as IBS in Oregon

Ovarian cancer is often called a "silent" disease, but it usually does cause symptoms. The problem is that those symptoms look a lot like everyday stomach trouble. Bloating, pelvic pain, and feeling full after only a few bites can be blamed on irritable bowel syndrome (IBS), indigestion, or stress. When that happens, a cancer can grow for months before anyone looks for it.

This article explains, in plain terms, why these symptoms get missed, what a careful workup usually involves, and how a delayed diagnosis can affect a medical-malpractice claim under Oregon law. It is educational only. It does not tell you whether you or a loved one has a claim.

Symptoms that get blamed on your gut

The American Cancer Society lists four symptoms that are most closely tied to ovarian cancer: bloating, pelvic or abdominal pain, trouble eating or feeling full quickly (called "early satiety"), and urinary symptoms such as urgency or needing to go often.¹ These are the same complaints that come with many harmless conditions. The Society notes that these symptoms "are also commonly caused by benign (non-cancerous) diseases," which is exactly why they are easy to dismiss.²

There is a difference, though. When ovarian cancer causes these symptoms, they tend to be persistent and to represent a change from normal, happening more often or more severely than before. The Society suggests seeing a doctor when symptoms like these occur more than 12 times a month.² The National Cancer Institute makes the same point: these signs "also may be caused by other conditions," so they are not proof of cancer, but they still deserve attention when they persist or get worse.³

Why CA-125 and transvaginal ultrasound matter

When a provider takes persistent symptoms seriously, the workup often includes two tests: a CA-125 blood test and a transvaginal ultrasound.

CA-125 measures a protein that is often higher in people with ovarian cancer. But it is not a simple yes-or-no test. Many benign conditions, including endometriosis and pelvic inflammatory disease, can raise CA-125, and not every ovarian cancer causes a high level.⁴ The National Cancer Institute puts it plainly: an increased CA-125 level "can be a sign of cancer or another condition such as endometriosis."⁵ A normal result does not rule cancer out, and a high result does not confirm it.

A transvaginal ultrasound uses sound waves to make images of the ovaries and nearby organs. It can find a mass and show whether it is solid or fluid-filled, but it cannot tell on its own whether a growth is cancer or something harmless.⁶ Because neither test is perfect alone, they are usually read together, along with a physical exam, the pattern of symptoms, and sometimes CT or MRI imaging and a referral to a specialist.

When the workup falls below the standard of care

Not every missed or delayed cancer diagnosis is malpractice. Medicine involves uncertainty, and symptoms that overlap with common conditions can fool a careful, competent provider.

Oregon law measures a provider's conduct against a legal yardstick called the "standard of care." Under ORS 677.095, a physician has "the duty to use that degree of care, skill and diligence that is used by ordinarily careful physicians in the same or similar circumstances."⁷ The question is not whether the diagnosis was ultimately correct. It is whether the provider did what a reasonably careful provider would have done with the same information.

In an ovarian cancer case, a lawyer working with medical experts would look at what the provider knew and when. Were the symptoms persistent and worsening rather than occasional? Was there a family history or other risk factor? Did the provider order or consider a CA-125 test, a pelvic or transvaginal ultrasound, or a referral, or were ongoing complaints written off as IBS or "functional" GI issues without further workup? A workup can fall below the standard of care when a reasonably careful provider would have investigated further and did not.

How a delayed diagnosis affects an Oregon claim

A malpractice claim in Oregon is not just about a mistake. The patient must also show that the provider's failure caused additional harm. With cancer, that harm is often described as the difference a delay made: a tumor that spread to a higher stage, treatment that became harder or less likely to succeed, or a shorter life expectancy. Proving this usually requires medical experts who can compare the likely outcome at the time the diagnosis should have been made with the actual outcome after the delay.

Oregon also sets deadlines for filing. For injuries tied to medical treatment, ORS 12.110(4) requires an action to be filed within two years from the date the injury is first discovered, or in the exercise of reasonable care should have been discovered. The same statute sets an outer limit: in most cases the action must be filed within five years of the treatment or omission, unless fraud or concealment prevented discovery.⁸ These deadlines are among the most important and most easily missed parts of a case, and how they apply depends on specific facts.

When a delayed diagnosis leads to death, the claim changes form. A wrongful-death action belongs to the deceased person's estate. Under ORS 30.020, that action generally must be commenced within three years after the injury causing death is discovered, and in no case later than three years after the death itself.⁹

Because these rules turn on dates and details that are easy to get wrong, people who are worried about a missed or delayed ovarian cancer diagnosis often speak with an Oregon attorney early, so the facts and deadlines can be reviewed before time runs out.

This article is educational

This article describes Oregon law in general terms. It is not legal advice and does not create an attorney-client relationship.

Time limits matter. Most Oregon personal-injury and auto-accident claims must be filed within two years of the injury or accident. Medical malpractice claims must be filed within two years of when you knew or reasonably should have known of the negligence, with an outer limit of five years from the act itself (with a fraud exception). Wrongful death claims must be filed within three years of the date of death. Claims against public bodies (cities, counties, state agencies, public hospitals) require a notice of claim within 180 days. Missing these deadlines typically ends a case.

If you think you may have a claim, call Huegli Law at 971-317-6436 for a free case review. Todd Huegli is licensed in Oregon and consults on cases in Oregon only.

Footnotes

1. Signs and Symptoms of Ovarian Cancer — American Cancer Society. https://www.cancer.org/cancer/types/ovarian-cancer/detection-diagnosis-staging/signs-and-symptoms.html ↩

2. Signs and Symptoms of Ovarian Cancer — American Cancer Society. https://www.cancer.org/cancer/types/ovarian-cancer/detection-diagnosis-staging/signs-and-symptoms.html ↩ ↩²

3. Ovarian Epithelial, Fallopian Tube, and Primary Peritoneal Cancer Treatment (PDQ) — National Cancer Institute. https://www.cancer.gov/types/ovarian/patient/ovarian-epithelial-treatment-pdq ↩

4. How Is Ovarian Cancer Diagnosed? — American Cancer Society. https://www.cancer.org/cancer/types/ovarian-cancer/detection-diagnosis-staging/how-diagnosed.html ↩

5. Ovarian Epithelial, Fallopian Tube, and Primary Peritoneal Cancer Treatment (PDQ) — National Cancer Institute. https://www.cancer.gov/types/ovarian/patient/ovarian-epithelial-treatment-pdq ↩

6. How Is Ovarian Cancer Diagnosed? — American Cancer Society. https://www.cancer.org/cancer/types/ovarian-cancer/detection-diagnosis-staging/how-diagnosed.html ↩

7. ORS 677.095 — Degree of care and skill required. https://oregon.public.law/statutes/ors_677.095 ↩

8. ORS 12.110 — Actions for certain injuries to person not arising on contract. https://oregon.public.law/statutes/ors_12.110 ↩

9. ORS 30.020 — Action for wrongful death. https://oregon.public.law/statutes/ors_30.020 ↩