Receiving a timely and accurate cancer diagnosis is critical for effective treatment and positive outcomes. However, mistakes happen, and some patients face delays in getting diagnosed. Breast cancer is the most common cancer among women. According to the American Cancer Society, there is a 99% (5-year relative)* survival rate for breast cancer episodes that are detected early. This survival rate then plummets to 30% when the disease is diagnosed at its later stages.
Misdiagnosis is a rare occurrence in the medical field, a phenomenon brought about only by medical negligence. While tools and methods are not 100% accurate, your healthcare provider must account for and offset these minor inconsistencies. Holding providers accountable is necessary to bring attention to such unacceptable oversights, sparing other patients the same fate
*(The percentage of people who will be alive 5 years after diagnosis).
Key Statistics on Breast Cancer
Available data says that there are more than 4 million breast cancer survivors in the United States today – including women who are still being treated and those who have completed treatment. Still, it remains to be a burden for many individuals and families. Here are some key statistics gathered from various government reports:
- About 13% of women in the U.S. develop invasive breast cancer in their lifetime.
- Incidence rates have increased by 0.6% annually. The rise in incidence rates is higher for women younger than 50 at 1.0%.
- 1 in 40 (about 2.5%) women dies from breast cancer.
- Approximately 310,720 new cases of invasive breast cancer will be diagnosed in women by 2024.
- Projected 42,250 women will die from breast cancer in 2024.
- Breast cancer mainly occurs in middle-aged and older women (mostly older than 45 years old).
Early Signs of Breast Cancer and Diagnosis
Understanding the disease would allow you to make better-informed decisions, both legally and medically. The information provided below should help you identify if you’ve been subjected to medical oversight in the earlier stages of your journey. According to the Centers for Disease Control and Prevention, the common signs and symptoms of breast cancer include:
- A new lump in the breast or underarm
- Thickening or swelling of part of the breast
- Irritation or dimpling of breast skin
- Redness or flaky skin in the nipple area
- Pulling in of the nipple or pain in the nipple area
- Nipple discharge other than breast milk
Standardized screening tests are also important in detecting tumors while they are still small and have not spread to other parts of the body. Through these tests, breast cancer can be detected before you feel any severe symptoms. The prescribed screening protocols for average women are as follows:
| 40 to 44 years old | May choose to start with yearly mammogram screening |
| 45 to 54 years old | Should get a yearly mammogram screening |
| 55+ years old | Can switch to a mammogram every other year, or they can choose to continue yearly mammograms |
Of course, these monitoring protocols are more strict for high-risk women. You are a high-risk patient if you have a personal history of breast cancer; a strong family history of breast cancer; a known genetic mutation; or received chest radiation therapy before turning 30. If you fit any of these descriptions, your healthcare provider owes you extra attention and consideration.
Legal Framework of Medical Malpractice
Medical malpractice refers to professional negligence by a healthcare provider that causes injury or damage to a patient. In the context of breast cancer, the major areas are:
- Failure to promptly follow up on indications from examinations, family history, and screening results pointing to likely breast cancer.
- Misreading diagnostic scan results that should have led to earlier cancer detection
- Improperly performed medical procedures relevant to breast examinations
Identifying and establishing errors is a prerequisite for winning any medical malpractice case. Active errors (or human errors) are commonly the primary cause of medical malpractice but that is not always the case. Latent errors (which refer to logistical and organizational inadequacies) are sometimes at the core of malpractice.
To win against your previous healthcare provider for medical malpractice, you must definitively prove four legal elements:
- Duty of Care: Should the doctor have watched out for the patient's health, or did they not really have to care? Was the doctor supposed to follow normal medical rules when treating this person?
- Breach of Duty: Did the doctor make mistakes or skip steps they should have taken? Did the doctor act differently than most reasonable doctors would have?
- Causation: Was it really the doctor's mistakes that hurt the patient? Or would the person have been unhealthy or injured anyway, even with good care?
- Damages: Did the patient have money problems, pain, missed work, or other difficult things after the bad medical care? Can we prove these bad effects happened due to what the doctor did wrong?
You won't be doing these things, though; your attorneys will. That's why we recommend reaching out to us if you have been diagnosed with Breast Cancer late. We offer a no-obligation free case evaluation for everyone and will tirelessly fight for your rights.
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Delayed Diagnosis vs Misdiagnosis
Delayed diagnosis means the doctor fails to provide any definitive diagnosis, despite signs pointing to a strong probability of breast cancer. This delay allows the cancer to advance unchecked while the patient remains undiagnosed and untreated. Misdiagnosis, on the other hand, means the doctor incorrectly diagnoses the symptoms and test results as a condition other than breast cancer. So the patient may receive treatment, but for the wrong illness. Meanwhile, the breast cancer continues to progress.
Examples of these malpractices are provided below. Note that these malpractices are not limited to these examples.
| Delayed Diagnosis - Failure to perform a recommended breast biopsy after finding a concerning lump - Not following up on test results with high tumor markers for over 4 months - Gross misreading of an MRI which clearly showed likely malignancy - Only scheduling a follow-up over 6 months later despite suspicious tests - Not ordering tests to fully investigate symptoms like inversion of nipple | Misdiagnosis - Mistaking advanced-stage breast cancer symptoms for a benign cyst - Diagnosing inflammatory breast cancer redness as just a skin rash - Identifying nipple discharge as dermatitis instead of Paget’s disease - Concluding large breast mass was a fat necrosis, not a tumor - Misinterpreting biopsy report as showing benign fibroadenoma rather than DCIS |
The common denominator in both situations is that life-saving breast cancer treatment is not properly administered. While details vary from case to case, both scenarios constitute medical negligence with life-altering consequences. Medical malpractice specialists can help you navigate and strengthen your claim.
Having a competent breast cancer malpractice lawyer well-versed in state laws and procedures is invaluable for your claim. These specialists would help you in collecting medical records, proving medical negligence, and negotiating for fair compensation.
Once a lawsuit has been filed, your case will be subjected to these 4 key legal phases:
| Pretrial | The pretrial phase involves fact-finding, evidence collection, establishing legal theories, and preparing the case to prove medical negligence. |
| Settlement negotiations | Settlement negotiations involve both sides attempting to resolve the dispute through an agreement on compensation without a trial. Various sources say that 90% of medical malpractice claims end in out-of-court settlements. |
| Trial | If negotiations fail, the trial phase is an evidentiary hearing before a judge where witnesses testify and documentation is presented to argue whether malpractice occurred. |
| Verdict | The verdict is the final ruling deciding whether the healthcare provider is liable for medical malpractice along with any damages to be paid to the plaintiff. |
New York statutes of limitations are drawn differently depending on the specifics of your claim. Some claims are only valid when filed within the same year of discovery, while others have up to 6 years. As such, it is best to reach out to a specialized lawyer as soon as possible.
Speak to a Breast Cancer Malpractice Lawyer
Lawyers at Porter Law Group make sure that you and your family receive proper support in these trying times. We approach every case holistically – working alongside seasoned medical professionals to establish and strengthen your case.
If someone dear to you has been a victim of breast cancer misdiagnosis, we offer a no-obligation free case evaluation for everyone. You may also contact us at 833-PORTER9 or info@porterlawteam.com to schedule an appointment.
