Yes, a patient may be able to file for a medical malpractice lawsuit if their doctor fails to order a necessary breast biopsy or ultrasound. Such negligence can lead to delayed diagnosis or misdiagnosis of breast cancer.
Delayed diagnosis can be harmful to patients, as it can allow breast cancer to progress and become fatal. In fact, a breast cancer tumor typically doubles in size every 180 days. If left undetected, it can significantly impact other parts of the body.
If you or a loved one were harmed or died as a result of a failure to order a breast biopsy or ultrasound, consult the experienced medical malpractice attorneys of the Porter Law Group and take legal action.
Was Your Breast Cancer Worsened by a Missed Biopsy or Ultrasound?
Contact us to understand your legal options (free consultation).
You May Have a Case If...
You may have grounds for a medical malpractice claim if your situation includes the following elements:
Standard of Care Breach
- Symptoms or exam findings (such as a palpable lump, skin changes, or nipple discharge) or abnormal imaging should reasonably have triggered further diagnostic imaging or biopsy under contemporary screening and diagnostic standards.
- BI-RADS 4 or 5 mammogram findings generally warrant timely biopsy; failure to act on such results may be inconsistent with accepted practice.
Delay in Diagnosis
- There was a significant gap between when red-flag signs, abnormal mammograms, or worrisome ultrasound results appeared and when appropriate diagnostic work-up was actually performed.
- Medical records show missed follow-up on radiology recommendations or failure to communicate abnormal results to you as the patient.
Impact on Stage or Treatment
- Evidence suggests the cancer progressed from localized to regional or distant disease during the delay period, or tumor size and nodal involvement increased.
- You needed more aggressive therapy (such as mastectomy instead of lumpectomy, chemotherapy added, or more extensive radiation) than would likely have been necessary with earlier diagnosis.
Documented Damages
- Additional surgeries, systemic treatment, complications, or measurable loss of survival probability attributable to the delay.
- Economic losses (time off work, added medical costs) and non-economic harms (pain, emotional distress) tied to advanced disease or intensified treatment.
What are Breast Biopsies and Ultrasounds?
A breast biopsy is a procedure that involves using a biopsy needle or surgery to remove a sample of your breast tissue. A pathologist will use this to examine if there is an occurrence of breast cancer or other conditions. It is the only diagnostic procedure that can definitively determine if a suspicious area is cancerous.
On the other hand, a breast ultrasound utilizes a mammogram or physical breast exam to find out if the breast has a cyst filled with fluid or a solid tumor. This provides information for further evaluation and treatment planning. But it's not usually done for breast cancer screening.
The window for early breast cancer intervention narrows when these diagnostic procedures are delayed or failed to be administered, potentially escalating the disease to a more severe type of cancerous tumor.
Common Mistakes That Lead to Delayed Breast Cancer Diagnosis
Medical literature and clinical guidance have identified several failure patterns that commonly result in delayed breast cancer diagnosis:
Ignored or Downplayed Breast Lumps or Symptoms
Not ordering imaging or referral when a patient reports a new lump, focal pain, nipple discharge, or skin changes is inconsistent with recommended assessment. Delays are more likely when symptoms are attributed to benign causes without adequate work-up, especially in higher-risk patients.
Inadequate Follow-Up of Abnormal Mammograms
For BI-RADS 0, 4, or 5 findings, timely additional imaging and/or biopsy is recommended. Failure to arrange or track this follow-up can delay diagnosis. Systems errors such as not communicating results or having no tracking of incomplete imaging are a recurrent cause of delayed breast cancer diagnosis.
Delayed or Missing Diagnostic Imaging/Biopsy
Not ordering targeted ultrasound or core needle biopsy when imaging or clinical exam remains suspicious can violate diagnostic standards. Long, unexplained intervals between abnormal screening and diagnostic procedures increase the risk of stage migration.
Misread or Miscommunicated Imaging or Pathology Results
Misinterpretation of mammograms or ultrasounds can lead to false reassurance instead of biopsy of suspicious lesions. Failure to ensure patients receive and understand abnormal results (and next steps) is another recognized failure pattern.
Missed Specialist Referral or Coordination
Not referring a patient with unresolved suspicious findings to a breast surgeon, oncologist, or specialized breast center can delay definitive diagnosis. Lack of coordination between primary care, radiology, and surgery is a documented contributor to diagnostic delay.
Causation: How Delay Can Change Staging, Treatment, and Outcomes
Medical causation in these cases focuses on how the delay likely changed the natural course of the disease and required therapy. Population data show that survival and treatment intensity vary substantially by stage at diagnosis.
Stage and Prognosis Impact
SEER data report 5-year relative survival of about 100% for localized breast cancer, 87.2% for regional disease, and 32.6% for distant metastases, underscoring the importance of early detection. American Cancer Society figures likewise note 5-year survival exceeding 99% for localized disease, with progressively lower survival at more advanced stages.
Treatment Intensity Impact
Earlier-stage cancers are more often treated with breast-conserving surgery and may avoid certain systemic therapies, while later-stage disease commonly requires multi-modality treatment. Delayed diagnosis can also increase the need for axillary node dissection, more cycles of chemotherapy, or more extensive radiation.
Example Scenario
Consider a 45-year-old patient who has an abnormal screening mammogram reported as BI-RADS 4, but no diagnostic ultrasound or biopsy is ordered and the result is never communicated. Eighteen months later, she presents with a palpable mass and positive lymph nodes. Pathology shows regional-stage cancer requiring mastectomy and chemotherapy, whereas timely biopsy at the initial abnormal mammogram might have revealed a smaller, localized tumor treatable with lumpectomy and limited systemic therapy.
Consequences of a Failed or Delayed Breast Cancer Diagnosis
The consequences of delayed diagnosis may vary among different patients. In general, these are the likely outcomes:
More Advanced Stage of Detection
According to the American Cancer Society, cancer can progress to a later stage when the tumor from stage 1 breast cancer grows larger or spreads to nearby lymph nodes, becoming stage 2.
More Aggressive Treatment May Be Required
The treatment plan may involve more aggressive chemotherapy and an extended period of radiation therapy to combat the cancer effectively.
Reduced Quality of Life
The potential for experiencing more severe side effects increases for intensive treatments.
With these consequences in mind, a delayed or failed diagnosis in which a doctor fails to acquire a biopsy or breast ultrasound may result in a life-altering event that could shorten or end someone's life. Let our medical malpractice lawyers help you recover from damages.
Damages for Failed Diagnosis of Breast Cancer
A jury can consider various damages, including both economic and noneconomic losses, in a medical malpractice case involving a failed or delayed breast cancer diagnosis.
Economic losses include:
- Past lost income
- Future lost income
- Lost earning capacity
- Past & future medical bills
- Rehabilitation and physical therapy
These are typically tangible, documented losses that can be calculated with relative precision.
While the non-economic losses are more subjective and may include:
- Physical and/or mental impairment
- Disfigurement
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of spousal services
- Wrongful death
Our skilled breast cancer attorneys can thoroughly investigate and compellingly present the full scope of your losses to maximize your potential compensation. They may use expert testimony and other evidence to illustrate the profound impact of the delayed diagnosis on your life.
Medical Cost in Severe Stages of Breast Cancer
According to the available data, breast cancer diagnosed immediately in its initial phase (stage 0) has totaled around $48,477 on average within 6 months after diagnosis. However, this cost will likely increase drastically when the cancer has developed into more severe stages.
| Cancer Stage | Cost Range |
|---|---|
| Stages I and II | $61,621 - $97,066 |
| Stage III | $84,481 - $159,442 |
| Stage IV | $89,463 - $182,655 |
Proper and immediate medical care at the earliest intervention, such as biopsies and ultrasounds, could have prevented the overall cost from increasing.
We can help you hold the responsible medical practitioners accountable for the harm they caused you and your family. Consult with our experienced medical malpractice lawyers to know your options.
Establishing a Claim: Step-by-Step Proof Framework
Four key elements must first be pinpointed and established before any claim is rendered valid. Medical malpractice experts typically work with trusted medical consultants during this initial investigation. Here is the detailed framework for building your case:
1. Document the Medical Timeline
Collect all relevant records including office notes, imaging reports (including BI-RADS categories), pathology reports, referral notes, and portals or letters with test results. Build a chronology from first symptom or abnormal screening to definitive diagnosis and staging, emphasizing any unexplained gaps.
2. Identify Departures from Standard of Care
Compare what the clinician did against guidelines on breast cancer screening and diagnostic follow-up (such as ACOG and USPSTF guidelines). Red flags include failure to follow up BI-RADS 4 or 5 findings with biopsy, failure to evaluate a suspicious lump with appropriate imaging, or failure to communicate abnormal results. This establishes whether there was an appropriate doctor-patient relationship and whether your doctor performed poorly or negligently based on accepted standards of care.
3. Analyze Delay and Disease Progression
Correlate the timing of missed opportunities with tumor size, nodal status, and stage at diagnosis using staging and survival data. Experts often evaluate whether earlier diagnosis would likely have resulted in a lower stage and different treatment plan.
4. Show Causation (Linking Delay to Harm)
Using epidemiologic data and clinical judgment, oncology and radiology experts opine on whether the delay more likely than not allowed the cancer to progress to a more advanced stage or necessitated more aggressive therapy. Causation can also include lost chance of cure or reduced survival probability when the stage shift is substantial. This demonstrates that your doctor's actions or inactions directly caused you harm.
5. Quantify Damages
Document all additional treatment and complications tied to advanced disease (such as chemotherapy, extended radiation, reconstructive surgeries, and hospitalizations). Capture economic losses, long-term disabilities, and quality-of-life impacts (fatigue, neuropathy, emotional distress) that experts can link to the delayed diagnosis. This establishes what these errors cost you.
Apart from establishing your claim, the responsibilities of your cancer malpractice lawyer include gathering pieces of evidence, officially filing your case, and negotiating for your compensation.
Free Consultation
talk to an experienced cancer lawyer about delayed breast cancer diagnosis.
Frequently Asked Questions
Can I sue if my doctor didn't order a biopsy or ultrasound and my breast cancer progressed?
A lawsuit is possible if a qualified expert concludes that not ordering a biopsy or ultrasound fell below accepted medical standards and that this failure caused a meaningful delay in diagnosis leading to worse stage, more intensive treatment, or reduced survival odds. The claim must also show actual damages, such as additional therapies, complications, or economic loss, caused by that progression.
What are common mistakes in breast cancer diagnosis?
Commonly cited errors include failure to fully evaluate reported breast symptoms, inadequate follow-up of abnormal mammograms, delays in ordering diagnostic ultrasound or biopsy, misinterpretation of imaging, and failure to communicate or act on suspicious results. System issues like poor tracking of abnormal results and missed referrals to breast specialists also contribute to delayed diagnosis.
How do I prove the delay changed my prognosis or required more extensive treatment?
Proof typically combines a precise medical timeline with expert testimony comparing the likely stage and treatment plan at the time of the missed opportunity with the stage and treatment at actual diagnosis. Population data showing large differences in survival and treatment intensity between localized and more advanced stages help support opinions that the delay worsened prognosis or required more aggressive therapy.
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Talk to our experienced cancer lawyers and learn about your options for recovering compensation.
Speak to a Breast Cancer Lawyer Today
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.
We operate on a contingency basis, meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or email info@porterlawteam.com to schedule a consultation.
