Could a Failure to Diagnose Breast Cancer Alter Your Future?

 Posted on October 08, 2024 in Medical Malpractice

October is Breast Cancer Awareness Month, bringing to light the fact that because breast cancer is a progressive disease, a misdiagnosis can be deadly. An early diagnosis of breast cancer is critical in fighting against the disease. When breast cancer is caught in the early, localized stages, the five-year survival rate is 99 percent.

More than 360,000 women will receive a diagnosis of breast cancer in 2024, and one in eight women will develop breast cancer during their lifetime. Additionally, about 2,800 men are diagnosed with breast cancer each year; while it is not common, it does occur. Currently, there are more than four million women living with breast cancer across the United States.

A missed diagnosis of breast cancer allows the disease to spread, which in turn leads to more adverse outcomes. In one study, physicians estimated that about 10 percent of women with breast cancer are initially misdiagnosed. Other studies find that the actual number of women initially misdiagnosed or undiagnosed with breast cancer is closer to 28 percent. Mammograms miss about one in eight breast cancers, compounding the issue of missed diagnoses.

While some delayed diagnoses or missed diagnoses are not based on negligence, if you believe your breast cancer is the result of negligence, you may be entitled to pursue a medical malpractice lawsuit. It is important to remember that there is a two-year statute of limitations for medical malpractice claims in IL.  Contact an experienced Chicago, IL medical malpractice attorney from Winters Salzetta O'Brien & Richardson, LLC who can help you determine whether your delayed or missed diagnosis of breast cancer involves negligence.

What Are the Most Common Causes of a Missed, Incorrect, or Delayed Breast Cancer Diagnosis?

If you have concerns about breast cancer and your doctor ignores your request to perform tests because of your age, or because you have no other factors that might indicate breast cancer, this can lead to a delayed diagnosis. The most common causes of a missed, incorrect, or delayed breast cancer diagnosis include:

• Your doctor fails to recognize common symptoms of breast cancer.

• Your doctor fails to follow up on symptoms and order a mammogram or other appropriate test.

• Your doctor fails to perform or order a biopsy on abnormal tissue.

• Your doctor fails to properly read the test results of a mammogram or biopsy or fails to properly interpret the test results.

• Your doctor fails to refer you to an appropriate specialist.

• There were communication errors between you and your doctor, such as the doctor failing to listen to your concerns.

• Equipment malfunctions caused a misdiagnosis or delayed diagnosis of your breast cancer.

 A misdiagnosis could result in being told you do not have breast cancer, so breast cancer treatment is delayed. It could also mean being told you do have breast cancer when you do not, so you are treated for the wrong disease.

Should You File a Medical Malpractice Lawsuit for a Breast Cancer Misdiagnosis, Delayed Diagnosis, or Failure to Diagnose?

Filing a medical malpractice claim requires demonstrating four elements of negligence. These elements include:

• There must be a clear doctor-patient relationship, which in turn creates a duty of care owed to you by your doctor.

• Your healthcare provider must have breached this duty of care by failing to provide a standard of care that another provider, given similar circumstances and similar medical training, would have done.

• The failure to provide appropriate care directly led to your injuries – meaning your breast cancer was needlessly allowed to progress.

• Your injuries have compensable damages that can be made better with compensation, including medical expenses, lost income, and pain and suffering damages.

Contact a Chicago, IL Medical Malpractice Lawyer

If you or a loved one has suffered needlessly as a result of a healthcare provider’s negligence, you need a strong legal advocate. Choosing an experienced Chicago, IL medical malpractice attorney from Winters Salzetta O'Brien & Richardson, LLC will result in a review of your medical records with the goal of definitively showing a deviation from the expected standard of care. Our attorneys have handled many breast cancer cases that involved a failure to diagnose or misdiagnosis. Contact Winters Salzetta O'Brien & Richardson, LLC at 312-236-6324 today to schedule your free consultation.