Breast Cancer Misdiagnosis and Missed Opportunities

Breast cancer remains very common in the United States. It accounts for roughly one in three of all new female cancer cases each year. According to the American Cancer Society, “About 316,950 new cases of invasive breast cancer will be diagnosed in women. About 59,080 new cases of ductal carcinoma in situ (DCIS) will be diagnosed. About 42,170 women will die from breast cancer.” Early detection is critical in detecting and treating breast cancer to prevent it from spreading.

Triple-negative breast cancer (TNBC) is an aggressive subtype of breast cancer that is much more challenging to treat than many other breast cancers. It tends to spread quickly and is more common in younger women. A missed or delayed diagnosis of breast cancer can have devastating consequences. Women with the BRCA gene mutation are at a particularly high risk of developing breast cancer in their lifetime. They should receive specialized consideration. When a doctor or hospital misdiagnoses or fails to diagnose breast cancer, they could be held liable through a civil suit. If you or a family member ends up in this situation, our team of New York medical malpractice attorneys at Gersowitz Libo & Korek, P.C. is here to help. You can contact us anytime for a risk-free consultation at (800) 529-9997.

Missed Tumors on Mammograms

Mammography is an important tool that doctors have in detecting breast cancer in women. Doctors will use low-dose x-rays in order to identify abnormal tissue in the breasts. Breast cancer is much easier to treat if tumors are detected early. There are several reasons why tumors might be overlooked.

• Radiologist Error: A radiologist might overlook small tumors because breast tissue is already quite dense.
• Poor Imaging: There could be many errors within a mammogram that make it hard to detect a tumor. For example, the image could be blurry or improperly positioned.
• Failure to Follow Up: A radiologist might uncover suspicious findings after conducting a mammogram. But they could easily fail to follow up and investigate further.

When tumors are missed, breast cancer can easily spread from stage 1 to more advanced stages 2 and 3 relatively quickly. These stages require much more aggressive treatment and also limit the options available to the patient. Early detection is crucial in helping to improve patient outcomes and prevent recurrence.

Lost Opportunity During Pregnancy

Breast cancer can often be more difficult to detect during pregnancy. A woman’s breasts naturally change during a pregnancy and even for up to a year after giving birth. This can lead to a delayed diagnosis and treatment if breast cancer does appear during this time period. Any delayed diagnosis during a pregnancy can increase the risk that the breast cancer will advance towards later, more aggressive stages.

Developing breast cancer during a pregnancy can have very serious health complications for both a mother and her child. Among other things, it may necessitate an early delivery or even present complications when the baby is born. Mothers may need to make difficult choices that involve balancing their own health and the well-being of their child. This can be an extremely difficult time physically and mentally for all involved.

Triple Negative Breast Cancer (TNBC)

According to the American Cancer Society, “Triple-negative breast cancer (TNBC) is an aggressive type of invasive breast cancer. TNBC differs from other types of invasive breast cancer in that it tends to grow and spread faster, has fewer treatment options, and tends to have a worse prognosis (outlook).” It is characterized by several elements.

• It does not have the receptors traditionally associated with the hormone estrogen.
• It does not have the receptors traditionally associated with the hormone progesterone.
• It does not have higher levels of the protein commonly referred to as HER2-negative.

As discussed earlier, women with the BRCA gene mutation are substantially more likely to develop breast cancer over their lifetime. Johns Hopkins Medicine estimates that the presence of the gene can lead to a 45% to 85% likelihood of developing breast cancer. A delayed diagnosis of TNBC can allow the cancer to spread from stage one to more advanced stages.

Why Early Detection Can Make a Difference

The American Cancer Society recommends that women receive regular mammograms at age 40 or even earlier if they have a higher risk of developing breast cancer. Breast cancer is typically categorized into four stages.

• Stage 0: At this stage, there is a non-invasive cancer that is confined only to the ducts or lobules within a woman’s breasts.
• Stage 1: This is an early stage of breast cancer where a tumor has not spread to the lymph nodes.
• Stage 2: There is a localized cancer that has spread to 1 to 3 lymph nodes. It is also possible that there is a tumor approximately 2 to 5 cm, but the cancer has not spread to the lymph nodes.
• Stage 3: This is a more advanced stage of a localized cancer. A tumor might be less than 5 cm. It is also possible that a smaller tumor has spread to approximately 4 to 9 lymph nodes.
• Stage 4: At this stage, the cancer has metastasized and spread to distant organs. This could include liver, bones, or lungs. Patients will need to undergo systemic and often invasive treatments, including chemotherapy or immunotherapy.

Early detection of breast cancer substantially increases survival rates. According to Physicians Premier ER, “The National Breast Cancer Foundation reports a 5-year relative survival rate of 99% when breast cancer is identified in its early stage.” Proactive measures like self-exams are an important part of early detection.

Legal Rights in Breast Cancer Cases

Women do have rights in the event that medical malpractice contributed to their breast cancer case. This could include situations where breast cancer is misdiagnosed or where a physician fails to diagnose breast cancer. Medical malpractice occurs when a hospital’s or doctor’s deviation from an applicable standard of care causes harm to their patient. There are several elements that will typically need to be shown in medical malpractice cases involving breast cancer.

• Duty of Care: The doctor or healthcare provider had a legal obligation to provide the patient with competent care in evaluating their illness or injuries. This is typically very easy to demonstrate, since all doctors owe their patients a duty of care.
• Breach of Duty: The doctor or healthcare provider failed to meet their duty of care. In other words, they acted in ways that a reasonable doctor or radiologist would not have acted under a similar set of circumstances. This could include failing to perform a mammogram or not following up on abnormal test results.
• Causation: The patient must demonstrate that the doctors or healthcare providers were negligent. Certain actions or inaction directly contributed to their harm. In particular, a missed or delayed diagnosis led them to a worse outcome than they otherwise would’ve had.
• Damages: The patient must show that they suffered some type of harm as a result of the doctor’s or hospital’s actions. This may include a worse medical prognosis or the need to undergo more invasive treatment options.

Victims of medical malpractice are able to receive compensation for what they’ve gone through. This includes money for the medical cost related to current and future treatments. It can also include money for the pain and suffering that they’ve experienced. Courts will also take into consideration the loss of income and earning capacity that occurs as a result of malpractice.

Why You Should Choose Our Firm

Gersowitz Libo & Korek, P.C. is one of the oldest and most well-respected law firms in New York. Our lawyers have decades of experience and have recovered over $1 billion in verdicts and settlements for our deserving clients. There are a number of reasons that you should choose our law firm if you are dealing with medical malpractice related to breast cancer.

• Experience in Medical Malpractice: Our law firm has ample experience in medical malpractice cases, particularly in cases that involve a delayed cancer diagnosis.
• Access to Medical Experts: Our law firm has access to medical experts in order to help get you the best outcome for your case. We collaborate with those experts in order to help establish that one or more parties acted negligently.
• Proven Track Record: Our law firm has a proven track record of successfully resolving medical malpractice cases. Many of these cases have resulted in seven-figure verdicts or settlements.
• Risk-Free Consultation: Our law firm will investigate the unique facts of your case and let you know if you have a claim that can be pursued. We will do this completely free of cost.
• Supportive Environment: Our law firm offers guidance that is tailored to young women, mothers, and those impacted by the BRCA gene mutation.

There is a tremendous peace of mind that comes with having an experienced attorney advocate on your behalf. Perhaps one of the greatest advantages of hiring our medical malpractice attorneys is that we work entirely off of a contingency-fee basis. There are no upfront costs to hiring our firm, and we only get paid by the opposing party if we are able to successfully resolve your case.

Getting Legal Help For Your Breast Cancer Case

Learning that you have breast cancer can be one of the most difficult and challenging times in a woman’s life. It is critical that hospitals and doctors do everything within their power to properly diagnose this cancer within their patients. But in far too many situations, this does not take place. By the time a woman has her breast cancer diagnosed, it may already be at a more advanced stage, which makes treatment far more difficult.

If you or someone that you care about has been impacted by medical malpractice related to breast cancer, you may have legal recourse. Our team of New York breast cancer misdiagnosis and delayed diagnosis attorneys is here for you. We care deeply that women are aware of their rights and that hospitals are held accountable for their negligent actions. You can rest assured that we will do everything in our power to get you the medical and financial resources necessary to improve your life. Whether you just have legal questions or are wondering how an attorney might be able to help with your particular situation, we are here to serve your needs. Contact us today for a risk-free consultation at (800) 529-9997.