Medical malpractice isn’t just a legal term — it’s a reality that affects real people whose lives are irrevocably altered when the medical system fails them. From missed cancer warning signs to misdiagnoses that lead to permanent disability, cases across the country show a troubling pattern: when clear symptoms aren’t taken seriously, patients can suffer lasting harm.
In a recent Vermont jury verdict, a man was awarded $1.4 million after a healthcare system failed to recognize signs of metastatic cancer during post-surgical surveillance. Meanwhile, right here at home, attorney James “Jay” Stewart tells the powerful story of a young man whose life changed forever after repeated misdiagnoses — ultimately losing his eyesight. The full story of that case is featured in our YouTube video:
Understanding these cases — the legal outcomes and the human impact — helps families know what warning signs to watch for and why advocating for yourself or a loved one in the medical system matters.
A Closer Look: The Vermont Verdict on Delayed Diagnosis
In February 2026, a Vermont jury awarded $1.4 million in a medical malpractice case against Dartmouth-Hitchcock Health entities after finding negligent post-surgical surveillance delayed the detection of metastatic testicular cancer.
The plaintiff originally underwent surgery for testicular cancer and was placed on a recommended surveillance plan — a common approach when follow-up care is crucial for catching recurrence or metastasis. However, the lawsuit alleged that despite clear symptoms and imaging evidence, the healthcare providers didn’t adequately investigate the plaintiff’s worsening complaints or recognize the cancer spread until much later, impacting his treatment timeline and overall outcome.
At the heart of the case were two key questions courts grapple with in delayed diagnosis claims:
-
Did the healthcare provider meet the standard of care?
Medical professionals have an obligation to investigate symptoms thoroughly, interpret imaging appropriately, and respond to worsening symptoms. -
Did the delay directly cause harm?
If a patient’s health declines because a provider failed to act on red flags, that can form the basis for a successful malpractice claim.
In this Vermont case, the jury agreed that the healthcare system’s follow-up care and communication about the patient’s symptoms and imaging didn’t meet appropriate standards — and that the delay likely affected the patient’s course of treatment and damages.
What Happens When Misdiagnoses Go Unchecked: A Story of Vision Loss
The Vermont verdict underscores a common thread in many malpractice cases: delayed recognition of serious symptoms can have devastating consequences.
That’s exactly what happened in the case handled by Jay Stewart.
In that case, a young man began experiencing concerning symptoms while out on the baseball field — a place that should have represented passion, community, and future opportunity. But instead of clear answers, he faced multiple misdiagnoses, each one delaying proper treatment. By the time the correct diagnosis was finally made, it was too late to prevent permanent vision loss.
What makes this story particularly compelling — and something people across the country can learn from — is not just the outcome, but the process:
- Symptoms were persistent and worsening.
- Each visit resulted in a diagnosis that didn’t fit the bigger picture.
- Critical specialists weren’t consulted early enough.
- Valuable time was lost.
That delay didn’t just affect his short-term care — it changed the trajectory of his life. Yet even after such an immense loss, he has shown remarkable resilience, continuing to pursue his passion for baseball in a new way and building a future in baseball analytics.
Why These Cases Matter
1. Delayed Diagnosis Happens in Many Forms
Whether it’s a missed tumor on imaging or symptoms dismissed as benign, delayed diagnosis can look very different from case to case. But the common thread is the failure to recognize a serious medical issue early enough, often with lifelong consequences for the patient.
2. The Standard of Care Is Not Optional
In malpractice law, providers are held to a standard of care, meaning they must provide the level of care that a reasonably competent professional with similar training would under similar circumstances. When a provider fails in that duty, and a patient is harmed as a result, that’s where legal responsibility comes into play.
3. Persistence and Advocacy Save Lives
Both cases — the Vermont verdict and the story featured by Jay Stewart — highlight a key lesson: patients and families must advocate for themselves.
Here are a few practical steps anyone can take when they feel something is wrong:
- Ask questions when symptoms persist or worsen
- Request copies of all medical records and imaging
- Seek second opinions from specialists
- Document symptoms, timelines, and conversations with providers
- Speak up if worst-case scenarios aren’t being ruled out
Waiting for someone else to act can allow conditions to worsen.
How the Legal System Helps When Medicine Fails
Medical malpractice law exists to hold healthcare providers accountable when their negligence causes harm. While not every bad outcome is malpractice, delayed diagnosis and failure to follow up on symptoms frequently form the basis for strong claims.
In the Vermont case, a jury ultimately decided the follow-up care issues were serious enough to warrant compensation. That verdict not only helps the plaintiff move forward with necessary care but also sends a message to providers about the importance of vigilance and thorough investigation.
Similarly, sharing stories like the one handled by Jay Stewart brings awareness to families who might otherwise feel alone when facing a medical uncertainty.
Know the Signs — and Your Rights
Medical mistakes can devastate lives, but awareness and early action can potentially change the outcome. When:
- A concerning symptom is repeatedly dismissed
- Imaging is interpreted without full clinical context
- Treatment is delayed despite ongoing complaints
— It’s time to pay attention.
Whether it’s cancer surveillance that isn’t followed properly or repeated misdiagnoses that lead to irreversible injuries, these situations demonstrate that patients must be active participants in their healthcare.
Final Thoughts
Cases like the recent $1.4 million Vermont malpractice verdict remind us all that:
- Medical negligence can happen anywhere
- Delayed diagnoses are a leading cause of malpractice claims
- Patients and families must be proactive about their care
- The legal system can provide accountability and compensation when negligence leads to harm
If you’ve been affected by a delayed diagnosis, missed test result, or medical error, you don’t have to navigate it alone — and you deserve answers.
Your health is too important to leave to chance. Advocate for yourself. Ask questions. And if you suspect something went wrong, speak with an attorney who understands how to hold the medical system accountable.
