Approximately 250,000 cases of breast cancer are diagnosed every year in the United States. In fact, breast cancer is the most common forms of cancer diagnosed in women. Unfortunately, it is also one of the most frequently misdiagnosed types of cancer.

With proper diagnosis and treatment, many women are able to survive the ravages of this devastating cancer. But when diagnosis is delayed or missed altogether, the patient’s chances for survival decrease. Perhaps no less tragic is a misdiagnosis of breast cancer when no cancer exists. Indeed, there are cases of women who have undergone chemotherapy, radiation and even had their breasts removed only to find out that they never had cancer in the first place.

What Causes a Misdiagnosis of Breast Cancer?

Numerous factors can lead to a misdiagnosis of breast cancer, but usually one or more of the following is involved:

• Radiology/mammography/biopsy errors – such as misinterpreted results
• Failure to recognize symptoms of breast cancer or confusing signs and symptoms with another condition
• Failure to perform necessary tests

A misdiagnosis of breast cancer can result in delayed treatment, the wrong course of treatment, and in severe cases, death.

Doctors Make Mistakes

A 2006 study published in the journal Cancer showed considerable disagreements among doctors with regard to diagnosing breast cancer – disagreements ranging from mammogram interpretation to suggested course of treatment.

The study underscored the importance of second opinions in diagnosing breast cancer to reduce the risk of a misdiagnosis. Doctors make mistakes, and seeking the opinion of a specialist can make the difference between a correct diagnosis and a wrong diagnosis.

Not all doctors refer their patients for a second opinion, however. And even specialists make mistakes. The bottom line is that any patient who has received a misdiagnosis of breast cancer has legal rights that can and should be protected.

Misdiagnosis and Medical Malpractice

A misdiagnosis of breast cancer may constitute an instance of medical malpractice. Victims of medical malpractice (or their families in cases of death) can take legal action against the negligent party(s) to obtain compensation for losses such as:

• Pain and suffering
• Mental anguish
• Treatment costs
• Disfigurement
• Loss of companionship/support

Legal claims involving a breast cancer misdiagnosis are subject to a deadline known as a statute of limitations, and deadlines vary from state to state. To ensure your legal rights are protected, it’s always best to consult an attorney as soon as you think you have a case.

Contact Burke & Eisner Today

If you have been the victim of a misdiagnosis of breast cancer or some other cancer, contact the medical malpractice attorneys at Burke & Eisner today. Our attorneys have helped numerous clients recover compensation for injuries caused by medical negligence and we’re glad to answer your legal questions in a free case evaluation.

Three ways to Contact Us:

    --  Fill out the Contact Us form in the Upper Right part of this page.

    --  Use the Contact Us form located on the Instant Answer Page

    --  Call us:  1-800-838-0800

 See Also:

• Medical Malpractice
• Malpractice List

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