Breast Cancer Misdiagnosis

Failure to Diagnose Breast Cancer Lawsuits

Medical professionals have a duty to identify cancer warning signs promptly. When healthcare providers overlook symptoms or fail to order appropriate diagnostic testing, patients may suffer devastating consequences including advanced disease progression, aggressive treatments, or reduced survival rates.

Delayed breast cancer diagnosis is one of the most commons forms of medical malpractice. The claim arises when the physician (typically a family practitioner/ surgeon/ dermatologist/ obstetrician or gynecologist) discount or fail to recognize the severity, the physician fails to properly read a radiology scan (Radiology Errors), or a physician or hospital fails to report the results or follow up with the patient.

The cancer then grows and advances to more critical stages that requires more severe treatment (mastectomy, radiation, chemotherapy) than would have been required had the cancer been diagnosed earlier. Moreover, the cancer can infiltrate the lymph nodes and cause a greater chance of recurrence further decreasing the chance of survival.

A medical malpractice case may provide answers to questions that the physician or hospital have been unwilling to provide, as well as provide for compensation for the misdiagnosis of cancer and all injuries that were caused by a Diagnostic Error and delay in treatment.

Joseph Lyon is a highly-rated, experienced, and passionate medical malpractice attorney handling hospital negligence and breast cancer misdiagnosis cases.  For a free and confidential consultation call (513) 381-2333 or complete the intake form. You will speak with Mr. Lyon directly.

Failure to Diagnose Breast Cancer

Confidential settlement for failure to timely diagnose breast cancer in a 39-year-old woman. As a result of the delay, the evidence demonstrated that the patient suffered a 50% increase in the likelihood of recurrence, which would ultimately return as terminal metastatic disease.

The failure to diagnose arose from the physician’s failure to communicate a positive biopsy which showed early stages of breast cancer. Had the biopsy been communicated the patient would have been treated with excision and avoided chemotherapy, mastectomy, and had a 95% chance of survival.

After two years of litigation, the parties reached a confidential settlement that accounted for medical bills, mastectomy, as well as all wrongful death damages.

Proving Misdiagnosis of Breast Cancer in Lawsuits

In all Medical Negligence cases, it is the Plaintiff’s (i.e, the patient) burden of proof. There are four legal elements to prove a medical malpractice case based on a misdiagnosis of breast cancer.

• Duty of Care (Physician/ Patient relationship)
• Negligence (breach of the standard of care )
• Causation (the injury must as a direct and proximate related to the negligence)
• Damages (physical and financial injuries )

Understanding the Standard of Care

In medical malpractice cases, the first question is whether the physician met the standard of care. This standard varies depending on the patient’s presentation, clinical findings, and follow-up actions. However, certain widely accepted guidelines apply to most cases.

Screening and Diagnosis Guidelines

Routine Screening

• Women over 40: Annual mammograms recommended
• Women ages 20-39: Clinical breast exams every three years

When a Mass is Detected

When a patient discovers a breast mass or lesion, the following steps should be taken:

1. Initial monitoring: If the mass doesn’t resolve within one menstrual cycle, further investigation is required
2. Diagnostic mammogram: Usually the first step to rule out malignancy
3. Important note: A negative mammogram doesn’t conclusively rule out cancer when a suspicious mass can be felt
4. Additional testing: Tissue biopsy or image-guided needle biopsy may be necessary, especially for solid masses
5. Communication: Physicians must promptly interpret results, inform the patient, and order any needed follow-up tests
6. Treatment timeline: Initial cancer treatment should begin within four months of diagnosis

Understanding Causation in Malpractice Cases

Proving causation requires demonstrating that earlier diagnosis would have resulted in a lower cancer stage and less aggressive treatment. This analysis depends heavily on timing and tumor characteristics.

Key Factors Affecting Causation

Delay Duration

• Delays under one year are harder to prove from a causation standpoint
• Delays beyond three months typically result in larger, more aggressive tumors

Tumor Characteristics

• Tumors 1.0 cm or smaller have very low recurrence rates
• As tumors grow, the risk of spreading to lymph nodes and distant sites increases
• ER-positive tumors generally have better outcomes than ER-negative tumors
• Larger tumors and lymph node involvement indicate worse prognosis

Special Considerations

• DCIS (Ductal Carcinoma In Situ) is pre-invasive and nearly always curable with local treatment
• Cancers in women under 40 tend to be more aggressive and require careful evaluation

Cancer Stages Explained

Carcinoma In Situ: Very early cancer confined to a small, local area

Stage I: Tumor no larger than 2 cm (about 1 inch) and hasn’t spread beyond the breast

Stage II: Tumor measures 2-5 cm (1-2 inches) and has spread to underarm lymph nodes

Stage III: Cancer larger than 5 cm, involves multiple underarm lymph nodes, and/or has spread to nearby tissue

Stage IV: Cancer has metastasized to other organs (commonly bones, liver, lungs, or brain)

Compensable Damages

Medical malpractice lawsuits based on breast cancer misdiagnosis may include compensation for:

• Reduced survival rate due to delayed diagnosis
• Mastectomy that could have been avoided
• Chemotherapy necessitated by delay
• Radiation treatment necessitated by delay
• Lost wages and diminished earning capacity
• Past and future medical expenses
• Wrongful death

Common Defense Arguments

Lack of Causation

Defense attorneys often argue that the delay didn’t affect treatment options, recurrence risk, or survival chances. They may claim the cancer was either already advanced at first presentation or still early-stage when diagnosed, attempting to show the patient suffered no additional harm from the delay.

Patient Responsibility

Physicians may argue the patient was instructed to follow up for test results but failed to do so, or that the patient didn’t notice or report tumor growth. While sensitive, these defenses can be effective when evidence supports them.

HMO Involvement

Health Management Organizations increasingly influence medical decisions, sometimes discouraging referrals or additional diagnostic tests. This can shift partial responsibility to the HMO or add them as an additional defendant.

Breast Density Issues

Physicians may claim dense breast tissue prevented accurate mammogram readings or clinical evaluation. However, this is a double-edged argument—it reinforces that a negative mammogram isn’t conclusive and that additional testing should have been ordered.

Some Additional Helpful Links

• American Cancer Society
• American Society of Clinical Oncology
• National Cancer Institute
• Surveillance Epidemiology and End Results Cancer Statistics Page
• MD Anderson Cancer Center