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).
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.
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 and Compensation
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 to find out the following:
| Duty of Care – Was there an appropriate doctor-patient relationship? |
| Breach of Duty – Did your doctor perform poorly/negligently based on accepted standards of care? |
| Causation – Did your doctor’s actions/inactions directly cause you harm? |
| Damages – What did 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.
Questions about Filing a Medical Malpractice Claim?
Talk to our experienced lawyers to get accurate answers.
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 info@porterlawteam.com to schedule a consultation.
