Most cancer-malpractice intakes fail in the first ten minutes. Not because the case isn't viable, but because the wrong questions get asked, in the wrong order, and the patient — already overwhelmed — doesn't remember the things that would have signaled viability.
The single most important document in a late-diagnosis cancer matter is the radiology report from any imaging that was ordered before the eventual diagnosis. Knowing how to ask about that document, on the first call, separates intake teams that will surface viable cases from those that will let them walk.
The questions that matter
Most patients will not have read their own radiology reports. They will have been told a result — "benign," "negative," "nothing concerning" — and that's what they remember. The intake conversation has to bridge the gap between what they were told and what the report actually said.
The first question is whether any imaging was performed in the year or two before diagnosis. The second is what the patient was told about the results. The third is whether the patient ever obtained or reviewed the actual reports.
"Most patients will not have read their own radiology reports. The intake conversation has to bridge the gap between what they were told and what the report actually said."
What to listen for
Several patient statements are signals that the case warrants deeper review. "They told me it was nothing, but they wanted me to come back in six months." "They said they saw something but didn't think it was important." "I had to ask them to recheck it." Each suggests that the radiology report may have contained findings that were not adequately communicated, followed up on, or acted on.
The reverse signals matter too. A patient who says, "They missed it completely and there was nothing on the imaging" is describing a different kind of claim — one that is harder to develop because the standard of care for the radiologist may not have been breached. These cases sometimes turn into clinical-judgment cases against the ordering physician rather than radiology cases. The intake question is whether to develop them further.
Getting the report
The actionable next step in a viable intake is almost always: obtain the radiology report. Patients can typically request these directly from the imaging facility under HIPAA, or the firm can request them with a signed authorization. The report itself, including the radiologist's impressions and any recommendations for follow-up, often determines whether the matter is worth full development.
An intake team trained on this document — what to look for, how to read the BI-RADS categorization, how to interpret recommendations for further imaging — can make an initial viability call within a week of the first conversation.
That's the kind of intake the partnership model is built to enable.