A delayed breast cancer diagnosis is unfortunately not uncommon in the medical field, which often happens due to various factors, such as medical negligence or misinterpreting test results. If a doctor is found to have been negligent and committed medical misconduct during a breast cancer diagnosis, know how you can file a medical malpractice claim, including the legal basis to be used and the expected compensation.
Prior results do not guarantee a similar outcome.
What Can Cause a Delayed Breast Cancer Diagnosis?
A delayed breast cancer diagnosis can happen when a healthcare provider fails to adhere to the standard of care due to negligence. Some common instances of negligence include:
- Failed to order a timely mammogram or biopsy.
- Failed to properly read or interpret your mammogram findings.
- Failed to properly perform a breast tissue biopsy.
- Failed to properly interpret your biopsy results.
A delayed breast cancer diagnosis can have devastating effects on a patient’s prognosis and quality of life. In fact, when breast cancer has spread to distant parts of the body (metastatic breast cancer), the 5-year relative survival rate for patients drops to 29%. This emphasizes the necessity of holding the responsible medical practitioner accountable upon proven guilty of misconduct.
Legal Basis of Delayed Breast Cancer Diagnosis Claims
Before establishing a lawsuit, an initial investigation is required. During the investigation, the legal team aims to prove the following elements:
| 1. Duty of Care – Was there an appropriate doctor-patient relationship? |
| 2. Breach of Duty – Did your doctor fail to uphold their legally sworn responsibilities? |
| 3. Causation – Did your doctor’s mistakes directly cause you suffering/injury? |
| 4. Damages – What did these mistakes cost you (medically, financially, emotionally, etc.)? |
Our experienced medical malpractice attorneys often collaborate with trusted medical consultants to conduct an initial investigation to build a strong case. Once the legal basis has been pinpointed and established, the legal team can file a claim on your behalf.
Process of Filing a Medical Malpractice Claim
If the legal basis mentioned above has been proven and established, you will need to follow a series of essential steps. The initial stages of filing a medical malpractice lawsuit typically include:
- Finding a qualified medical malpractice attorney who will represent you
- Gathering evidence, such as medical records and communications
- Identifying the proper court with jurisdiction
- Filing paperwork with the court
It is important to note that medical malpractice lawsuits are subject to statutes of limitations, which are time limits for filing a claim. Under CPLR 214-A, the time limit is 2 years and 6 months from the date of malpractice or from the end of continuous treatment rendered by the party or entity you intend to sue for a particular condition, illness, or injury.
Given these time constraints, you must act promptly and consult with a medical malpractice attorney as soon as possible to protect your legal rights and ensure your case is filed within the applicable time frame.
Compensation for Delayed Diagnosis in a Breast Cancer Lawsuit
A harm caused by a delayed breast cancer diagnosis may provide you compensation for various damages. These damages can be categorized as economic and non-economic losses:
| Economic Damages | Non-Economic Damages |
| – Past lost income – Future lost income – Lost earning capacity – Past & future medical bills – Rehabilitation and physical therapy | – Physical and/or mental impairment – Disfigurement – Pain and suffering/ Mental anguish – Loss of enjoyment of life – Loss of spousal services |
In cases of fatal medical malpractice, the deceased’s family may also be entitled to compensation for Wrongful Death under the N.Y. Est. Powers & Trusts Law § 5-4.1. This can include compensation for funeral and burial expenses and more.
Malpractice actions are extremely complex, but the Porter Law Group has a proven record of success in this area of the law. Visit our recent results page to see some examples of the results we’ve obtained for our clients.
Our seasoned medical malpractice lawyers can help you get the justice you deserve.
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.
