Breast Cancer Malpractice
Breast cancer can only be cured when it is diagnosed and treated in a timely manner. Early detection is key to a successful outcome. If you or a loved one have been diagnosed with breast cancer after a delayed or wrongly interpreted mammogram, you may be entitled to compensation for your past and future cancer related medical expenses, lost wages, pain, suffering, emotional distress, and other damages.
Breast cancer malpractice is a serious form of medical negligence that can have devastating consequences for patients and their families. These cases are complex and require the expertise of a qualified attorney who can prove through medical expert testimony that your doctor failed to meet the standard of care and caused you harm. You deserve to get justice and accountability for the harm you have suffered.
At our law firm, we have a team of experienced breast cancer malpractice attorneys who have successfully represented numerous clients in similar situations. We have a high success rate and have recovered millions of dollars for our clients in cases involving failures to diagnose or delayed diagnoses of breast cancer. We will review your medical records and breast imaging, consult with medical and radiology experts, and build a strong case on your behalf if we receive medical expert support for your claim. We will also negotiate with the insurance companies and fight for your rights in court to hold the wrongdoers accountable.
We can handle any type of breast cancer malpractice case, including:
Failure to order or timely perform mammograms or other diagnostic tests
- Women are entitled to receive annual screening mammograms when they are 40 years old. Even if those tests are not scheduled, women should be informed of their right to routine screening after age 40.
- Some women, including those with strong family histories of breast cancer or with genetic testing positive for BRCA gene variants, are entitled to receive screening or diagnostic testing earlier than age 40 or more frequently than once per year.
- Sometimes there will be clinical findings or palpable breast lumps that require screening or diagnostic testing outside of normal guidelines as well.
- When women are not offered necessary screening and diagnostic testing and their breast cancer diagnosis is delayed, they may have a medical malpractice claim.
Failure to interpret radiology or diagnostic test results correctly
- Often mammograms and breast MRIs are misinterpreted as being normal when there are abnormalities that should result in a biopsy or tissue sample being obtained. When that testing does not happen, breast cancer diagnoses can be delayed and the patient may have a medical malpractice claim.
Failure to follow up on abnormal imaging studies or test results
- Sometimes an abnormal finding on imaging or biopsy will be reported, but the ordering physician either never receives the report or never relays the report results to the patient, resulting in a delayed diagnosis of cancer. These types of communication breakdowns may also lead to medical malpractice claims.
Failure to refer to a specialist
- When a breast cancer finding is identified or a diagnosis is made, patients are entitled to consultation with medical, surgical, and radiation oncologists, as well as genetic counselors if there are concerns regarding family history or a genetic variant to the cancer. If a patient is not referred to appropriate specialists to receive the treatment they need for their breast cancer and the patient suffers harm, the patient may have a medical malpractice claim.
Failure to treat breast cancer appropriately
- Different breast cancers respond to different treatment modalities.
- Sometimes surgical removal of a breast cancer is incomplete, such as when the surgical margins or remaining tissue still contains cancer cells.
- When a patient received improper or incomplete treatment of breast cancer and suffers harm through further cancer progression or recurrence as a result, the patient may have a medical malpractice claim.
Misdiagnosis of breast cancer as being benign or another breast condition
- Sometimes mammograms or even breast biopsy specimens are diagnosed as showing cancer, when they are actually benign. When that happens, women improperly diagnosed as having cancer may unnecessarily undergo mastectomy or other cancer treatment, which should have been avoided. Women who suffer harm from unnecessary medical treatment may have a medical malpractice claim.
We know how devastating it can be to suffer from breast cancer malpractice. You don’t have to face this alone. Contact us today for a free consultation to determine if you may have a viable claim and, if you do, we will do everything we can to help you get the justice and compensation you deserve.