The delay in diagnosing serious illnesses can result in debilitating injuries, and sometimes even death. When patients with cancer are delayed, their success rates are reduced almost always, and some treatment options are eliminated.
It is unfortunately common for breast cancer to go undiagnosed and untreated. Misdiagnosis or delayed diagnosis of cancer are common causes of malpractice cases. When breast cancer is not detected or diagnosed early enough, the effects can be devastating.
Breast cancer can be successfully treated if caught early. Symptoms of breast cancer can be similar to other diseases, so proper diagnosis is vital. A breast cancer test like a mammogram or biopsy is commonly used by medical professionals to detect the disease.
These tests are not ordered often enough by doctors. A failure to perform the proper tests may also result in the wrong diagnosis, such as a radiologist misreading a film or a pathologist misreading a slide, postponing the process.
Cancer diagnosis delays can worsen the prognosis or treatment and can even be fatal. A skilled attorney can help determine if a misdiagnosis took place.
Filing a medical malpractice lawsuit is an option if your physician’s negligence resulted in a delay in the diagnosis of your breast cancer.
In addition, there are instances of a physician failing to recognize breast cancer on a mammogram, failing to follow the proper screening guidelines, or failing to address a breast lump or other symptoms of breast cancer appropriately.
There are two things that must be proven to win a breast cancer medical malpractice case. First, it is important to show your breast cancer was not detected sooner due to malpractice (medical negligence) on the part of one or more doctors.
The second point to prove is if the diagnosis of breast cancer happened at the right time, your outcome would have been significantly different.
A vital part of your breast health is knowing what your breasts look and feel like. Having regular breast cancer screenings is important, but mammograms do not detect all breast cancers.
Breast cancer is most commonly detected by the appearance of a new lump or mass. In addition to lumps that are painless, hard, and have irregular edges, breast cancer can also be soft, round, tender, or even painful.
Some of the other symptoms include:
Breast cancer does not necessarily mean a person will have any or all these symptoms. An infection can also cause a discharge from the nuchal fold. Any of these signs and symptoms should be evaluated by a doctor.
Breast cancer is unfortunately frequently misdiagnosed. A misdiagnosis can be very serious. There are many forms of it, including diagnosis error, a delay in diagnosis, and failure to diagnose.
Cancer is the second leading cause of death for women, behind only lung cancer, according to the American Cancer Society. According to the organization, there will be over 280,000 new cases of breast cancer in this country in 2021, and 43,600 women will die from the disease.
There was a joint study by two medical malpractice insurance providers on breast cancer misdiagnosis. Between 2009 and 2014, researchers reviewed approximately 600 medical malpractice claims related to breast cancer.
A delayed diagnosis of breast cancer was involved in more than half of those cases. Diagnostic errors accounted for the majority of cases. There were two main problems:
Similarly, one 2020 study found that mortality rates for breast cancer patients increased by approximately 8% for every four-week delay in treatment.
Breast cancer includes five stages, starting at 0 and increasing to 4. There are several variables within some stages.
As part of a medical malpractice lawsuit, the plaintiff must not only demonstrate that the defendant breached the applicable standard of care, but also that the breach was directly responsible for the injury, which means the injury would not have occurred absent the breach. Expert testimony is often required to prove causation.
Plaintiffs who successfully demonstrate that a defendant was negligent for failing to diagnose breast cancer may recover monetary damages such as medical expenses and lost wages, as well as compensation for damages such as pain and suffering as a result of the defendant’s negligence. Plaintiff’s spouse may also be owed compensation if he or she was married at the time the plaintiff suffered harm.
Every year, medical professionals make a substantial number of misdiagnoses and delay diagnoses related to breast cancer. The patient’s cancer may worsen unnecessarily because of a breast cancer misdiagnosis.
Cancer can progress to a later stage-even, becoming incurable when a diagnosis is delayed. Early diagnosis might have made treating the patient’s cancer easier. Below are a few statistics regarding cancer misdiagnoses:
When people have lost a loved one due to misdiagnosis or delayed diagnosis, we are ready to put our knowledge, skills, and dedication to work. Even a routine problem can metastasize and spread, decreasing or even eliminating recovery chances. Contact us today for a free consultation.
My orthopedic doctor recommended Graves McLain, PLLC, to me following the need for revision hip surgery due to a hip from Stryker that was putting poison into my system. The doctor took care of the hip, and Graves McLain, PLLC, took care of the legal case. They were very thorough, professional, courteous, and always ready to answer the questions I had throughout the length of the case. In a word, the entire office is fantastic. I’m sure they were tired of my inquiries on the case’s progress, but they did not show it. They were always willing to respond and were very positive. If I ever have a claim in the future, they will be the first group to whom I reach out.
I have been working with chad McLain for two years. He has helped me get my case resolved in a professional, compassionate, and very smooth way. I wasn’t just a number in this lawsuit which included many others. This firm has made me feel like I was the only one. Amy Cox has also been amazing. She was always so very kind each time I contacted her with questions. Her character shines through, and I’m so thankful she was there for me. I would definitely suggest that anyone who might need a lawyer for a medical lawsuit to choose Graves McLain law firm.
I was referred to Graves McLain through an Uber passenger. I reached out and was connected with Miss Angela, who made me feel so comfortable. She was very upfront with everything and kept a very open line of communication. I got to work with Amy W. & Amy M., who were two fabulous ladies who helped wrap up my case. When I thought I would be screwed with trying to get somewhere with the insurance company, these ladies came to the rescue. Without a doubt, I would contact them again, and I will recommend them to others. Thanks again!
Graves McLain was there for us when we didn’t really know how to move forward with our Round Up claim. They worked very hard for us and kept us informed. Couldn’t of done this without them. Thank you Graves Mclain
I had 10/10 experience with Rachel and the team from Grave’s McLain. I had been feeling overwhelmed with medical bills from a car accident that wasn’t my fault, and the long list of things that had to be done that I had to figure out how to do myself. They put my mind at ease and handled everything perfectly. I’ll definitely use them again if the time comes!
Graves McLain Law Firm recently handled a difficult legal situation for our family. From the beginning, we were treated with respect and concern. The entire staff is top-knotch in the realm of customer care. Mr. McLain’s knowledge, experience, and counselling was reassuring as our case progressed to the best conclusion achievable. Anyone needing assistance with serious issue should contact Graves McLain….”Serious DOES matter to them!”
I am extremely pleased with how my case was handled at Graves McLain. I hired Chad after fighting with the insurance company for over a year. Feeling defeated and overwhelmed with medical bills, once my case was handled by my attorney, I felt at ease. Chad and his team were very responsive and kind. They answered all my questions and even helped me figure out lost wages based on a commission rate of pay. He was able to get maximum compensation and now I can get back to my life! I would 100% recommend Graves McLain time and time again.
My case just settled and I want to thank Rachel Gussman, Janet, Sonia, Emily, Amy, and Margo. This process was definitely a team effort. When I was involved in a car accident last year, I turned to my friend Rachel for guidance. I was thoroughly impressed with their skills, office staff professionalism and friendliness, communication, and of course, the end results. I highly recommend Graves McLain.
My experience with Graves McLain was first and foremost a top notch experience from beginning to end. Their expertise and professionalism was impressive and thorough. I was completely satisfied with their efforts. In two years I had not one but two accidents . They handled both so that I didn’t become a victim again by the insurance company. I’m satisfied and happy with their handling of both suits. I would highly recommend them if you find yourself a victim of an accident.
Thank You Graves McLain!
Graves McLain was so helpful, they communicated with me and gave me frequent updates. I highly recommend them.