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A delayed or missed breast cancer diagnosis may be medical malpractice when a healthcare provider fails to take reasonable diagnostic steps and that failure causes additional harm. Treatment may become more extensive. Medical costs can rise. Families may also be left wondering whether earlier action could have made a difference.
Still, a delayed diagnosis is not always medical malpractice. Breast cancer can be difficult to detect, even when providers act carefully. A medical malpractice lawyer can review whether the care met accepted medical standards and whether the delay may support a claim.
What Is a Breast Cancer Misdiagnosis?
A breast cancer misdiagnosis can take several forms. A provider may mistake cancer for another condition, overlook signs of the disease, or fail to act after a suspicious test result.
A missed diagnosis may start with a doctor dismissing a reported lump. It may involve a radiologist overlooking an abnormality on a mammogram or a pathologist misreading a biopsy sample. In some cases, the test result is accurate, but no one contacts the patient or arranges follow-up care.
A later diagnosis, by itself, does not prove malpractice. The evidence generally must show that the provider failed to meet the accepted standard of care and that the failure caused additional harm.
When May a Missed Breast Cancer Diagnosis Be Medical Malpractice?
A missed breast cancer diagnosis may rise to the level of medical malpractice if four issues can be shown: the provider owed the patient a duty of care, the provider failed to meet the accepted standard of care, that failure caused or contributed to the delayed diagnosis, and the patient suffered additional harm because of the delay.
The issue is not simply whether cancer was diagnosed later. The question is whether a reasonably careful provider would have taken different steps under the same circumstances.
If the delay changed the patient’s treatment options, allowed the cancer to progress, or increased the need for more extensive care, that may support a malpractice claim.
What Breast Cancer Signs May Require Further Evaluation?
Many breast changes are not caused by cancer. Even so, some symptoms may require additional evaluation depending on the circumstances.
The National Cancer Institute identifies possible signs such as a new lump, nipple discharge, changes in breast size or shape, skin changes, and a nipple that turns inward.
A provider may need to consider the patient’s age, symptoms, medical history, family history, previous imaging, and other risk factors before deciding what to do next. The legal question is whether a reasonably careful provider would have pursued further evaluation in the same situation.
How Can a Breast Cancer Diagnosis Be Missed?
Breast cancer diagnosis may involve an examination, imaging, biopsy, and follow-up care. More than one provider is often involved. An error or communication breakdown at any point can interfere with timely treatment.
Failure to Investigate Symptoms
A doctor may dismiss a lump, skin change, discharge, or other concern without performing an appropriate examination. A provider may also overlook the patient’s history or known risk factors when deciding whether further testing is needed.
Mammogram and Imaging Errors
Mammograms, ultrasounds, and breast MRIs can reveal areas that require more evaluation. A radiologist may overlook an abnormality, classify it incorrectly, or fail to make a clear follow-up recommendation.
Imaging is not always easy to interpret. Dense breast tissue and other factors can make abnormalities harder to see. The images and reports must be considered alongside the patient’s history and the information available at the time.
Biopsy and Pathology Errors
A biopsy allows tissue to be examined for cancerous cells. Problems may occur if tissue is taken from the wrong area, a sample is mislabeled, findings are misread, or an unclear result is not investigated further.
A pathology error may delay needed treatment, lead to unnecessary care, or cause a patient to receive treatment for the wrong condition.
Communication and Follow-Up Failures
Testing may be performed correctly, yet the patient still does not receive timely care. An abnormal result may not reach the patient. A referral may be lost. No one may confirm that recommended testing was completed.
Hospitals, imaging centers, laboratories, and medical offices should have reliable systems for tracking results. Without them, an important finding may go unaddressed.
What Evidence May Support a Breast Cancer Misdiagnosis Claim?
Medical records can show when symptoms were reported, what tests were ordered, who received the results, and whether follow-up occurred.
Relevant records may include:
- Primary care and OB-GYN notes
- Mammograms, ultrasounds, MRIs, and imaging reports
- Earlier imaging used for comparison
- Biopsy and pathology reports
- Referral and appointment records
- Patient portal messages and telephone notes
- Records showing the cancer’s stage and treatment plan
These materials may reveal when an abnormality first appeared, who received the result, and whether the recommended next steps were taken.
The appropriate medical reviewer may be a radiologist, pathologist, oncologist, surgeon, or another provider familiar with breast cancer diagnosis and treatment.
How Can a Missed Diagnosis Affect a Patient?
The consequences vary. The type of breast cancer, how quickly it grows, the length of the delay, and the patient’s overall health all matter.
Some patients may require more extensive surgery, additional therapies, or a longer course of treatment. They may also face higher medical bills, lost income, physical pain, and emotional distress.
Potential damages may include medical expenses, lost wages, reduced earning capacity, pain and suffering, and changes in quality of life. When a diagnostic error contributes to a patient’s death, certain family members may have grounds to investigate a wrongful death claim.
Contact a Philadelphia Breast Cancer Misdiagnosis Lawyer Today
Lowenthal & Abrams, P.C. has represented injured clients since 1975 and has recovered more than $200 million for clients. Our staff includes 17 attorneys, a medical doctor, and a nurse.
We handle these cases on a contingency fee basis. There is no upfront cost and no fee unless the client is compensated.
Call Lowenthal & Abrams at (610) 667-7511 for a free consultation with an experienced Philadelphia breast cancer misdiagnosis lawyer.
