Failure to Diagnose Breast Cancer

How Common Is Breast Cancer?

According to the US Breast Cancer Institute, roughly one out of every 8 women in the US—or 13%—will develop invasive breast cancer, and approximately 43,600 women in the US are expected to lose their lives to breast cancer in 2021. Breast cancer is the most common form of cancer diagnosed in women and the most common cancer around the world. The US Breast Cancer Institute notes that for women under 45 years of age, the disease is more commonly diagnosed in Black women than in white women, and that Black women have a higher likelihood of losing their lives to the disease. The risk of developing and dying from the disease is lower, according to the Institute, among Asian, Hispanic, and Native American women. While approximately 85% of breast cancer cases are found in women “with no family history” of the disease, roughly 5% to 10% are connected to inherited gene mutations such as in the BRCA1 and BRCA2 genes. Per the Institute, “women with a BRCA1 mutation have up to a 72% lifetime risk of developing breast cancer,” while women with the BRCA2 mutation have a risk of 69%.

When detected and diagnosed in early stages, breast cancer is very treatable. According to the American Cancer Society, the 5-year rate of survival for localized breast cancer (that has not spread beyond the breast) is 99%. At later stages, when the cancer has spread to other parts of the body, the survival rate drops to 32%.

These numbers emphasize just how important it is to diagnose breast cancer as early as possible. A missed diagnosis can often lead to a much more serious or even fatal outcome. It may also mean much more invasive, harmful treatment.  If your doctor failed to diagnose your breast cancer, you may be able to file a medical malpractice lawsuit for your losses.

How Common Is Failure to Diagnose Breast Cancer?

A study of 6,000 cancer cases by Johns Hopkins found that one out of 71 was misdiagnosed, and “up to one out of five cancers were misclassified, errors which can result in delayed or inappropriate treatment.” A study published by the Institute of Medicine found that roughly “12 million people who seek outpatient medical care experience some form of diagnostic error.” When it comes to breast cancer specifically, the Susan G. Komen Foundation suggests that roughly 13% of breast cancers are missed by mammograms, while a 2012 study in the New England Journal of Medicine has found that 31% of breast cancer cases were “overdiagnosed” in the year accounted for of the study—that is, screenings detected tumors “that never would have led to clinical symptoms.” While the failure to diagnose breast cancer may be relatively rare, the consequences when it happens can be very serious. When breast cancer is detected in its earliest stage, its survival rate is 99%. Late-stage breast cancer has a five-year relative survival rate of 28%.

What Causes Failure to Diagnose Breast Cancer?

Delayed diagnosis of breast cancer occurs for two primary reasons. One is patient delay, in which the patient puts off getting medical attention after observing possible symptoms of breast cancer. Alternatively, a patient may put off routine medical screenings such as mammograms. This can mean that breast cancer is not diagnosed until much later, often when the cancer has spread (metastasized) into other parts of the body.

The second type is system delay, in which the delay occurs within the health care system: difficulties scheduling appointments, for instance, or obtaining screenings. When it comes to system delay, the failure to diagnose breast cancer can often be traced back to physician error, such as not ordering screening or diagnostic tests. 

In some cases, a doctor reading a mammogram, ultrasound, or MRA imaging may overlook or misinterpret evidence of breast cancer.  In other cases, a doctor may fail to order the tests entirely.  In some situations, failure to diagnose is caused by an error in reading biopsy results. This puts the patient at risk for a failed or delayed diagnosis, which in turn would result in delayed breast cancer treatment.

What Can I Do If I’m a Victim of Failure to Diagnose Breast Cancer?

Early detection is highly correlated with breast cancer survival rates: when the disease is detected in its first stage, the five-year survival rate is 99%. These odds severely diminish when the disease is detected later, meaning the failure to diagnose breast cancer can have fatal consequences.

Early detection is highly correlated with breast cancer survival rates: when the disease is detected in its first stage, the five-year survival rate is 99%. These odds severely diminish when the disease is detected later, meaning the failure to diagnose breast cancer can have fatal consequences. 

If a patient survives a missed diagnosis of breast cancer, they may have to undergo much more extensive treatment than they would have with an early diagnosis. For example, instead of a lumpectomy and radiation, they may be required to undergo a full mastectomy, radiation, chemotherapy, and/or another type of systemic therapy. These treatments are much harder on a patient and can cause many complications.

Not every missed or delayed diagnosis is due to medical negligence. As noted above, there are situations where a patient delays seeking medical care for a variety of reasons. This can lead to a much later diagnosis than they would have otherwise had.

However, if your doctor ignored your symptoms, refused to order diagnostic tests, or made an error in reading test results, then you may have a claim for medical negligence. Under New York law, when a healthcare provider fails to meet the accepted standard of care, they could be held liable for medical malpractice. As the injury victim (plaintiff) in the case, you will be required to prove that the medical provider (defendant) was negligent in some way.

There are four elements in a medical malpractice case:

1. Duty: A doctor-patient relationship was established, creating a duty of care.
2. Breach: The defendant healthcare provider breached this duty by not meeting the accepted standard of care for the profession.
3. Causation: This violation was the direct cause of the patient’s worsening condition.
4. Damages: The patient suffered damages as a result.

These cases often revolve around whether the defendant doctor met the standard of care. In New York, the standard of care is the level of care that a reasonably competent and careful physician in the same specialty would have provided in similar circumstances. For example, if your primary care physician did not order a mammogram or ultrasound, or refer you to a specialist when you presented with symptoms of breast cancer, then their liability will depend on whether other primary care physicians would have made a referral or ordered tests in that situation.

New York requires medical malpractice attorneys to submit a certificate of merit with a lawsuit. This certificate states that the lawyer has consulted with a qualified physician and has a reasonable basis to believe that medical malpractice occurred. This requirement ensures that there is sufficient proof that a doctor didn’t just make a mistake, but that they violated the standard of care for the profession.

If you believe that your doctor failed to diagnose you with breast cancer in a timely manner, then you should schedule a free consultation with our law firm. We will listen to your story and offer our advice on your legal rights and options for pursuing a medical malpractice claim. If you decide to hire our failure to diagnose attorneys, we will get to work immediately to build the strongest possible case for compensation.

Medical malpractice cases can be complex and are often hotly contested by a physician’s malpractice insurance company. Our attorneys have experience handling these types of claims and in taking on big insurance companies. We will work hard to gather evidence to support your claim while advocating for your right to full compensation.

A breast cancer diagnosis can be scary and hard to accept. Dealing with the possibility of a missed diagnosis can make it even more difficult. Our law firm will take on the burden of dealing with a medical negligence claim for you, allowing you to focus on your health and recovery.

Help for Victims of Missed Breast Cancer Diagnoses

Hearing the “c word” can be absolutely terrifying. If you then learn that your breast cancer is more advanced because your doctor missed the diagnosis, you may be even more devastated. We can help you get justice along with the financial compensation necessary to move forward with your life.

With the support of seasoned medical experts, the experienced medical malpractice attorneys at the Law Offices of Thomas L. Gallivan can help you evaluate your claim and hold the responsible parties accountable. We offer free initial consultations for all prospective clients and never charge a fee unless we recover money for you. To learn more, call our law offices at 914-220-1086 or fill out our online contact form to set up an appointment with a New York medical malpractice lawyer.