Mammograms are an excellent tool for diagnosing breast cancer, which is why doctors often recommend that women over 40 get one annually. However, it is not the only diagnostic tool, nor is it the only one that can result in a diagnostic error. Understanding how breast cancer is diagnosed and the problems that can occur during the process can help patients identify when medical mistakes have led to their harm.
How Is Breast Cancer Diagnosed?
When breast tissue cells have abnormal growth, breast cancer can develop. This often occurs in the ducts or lobules. Early detection of breast cancer is associated with a much higher survival rate from the disease. At the same time, delayed diagnoses can limit treatment options and drastically increase the cost of medical treatment.
Healthcare professionals can use various methods to diagnose breast cancer, including the following.
Breast Exam
A physician can detect breast lumps during a physical exam, or a patient can detect them during a routine self-exam. During the exam, you are looking for anything different, such as skin changes or nipple changes. The healthcare professional feels the breasts, collarbone, and armpits for lumps.
The patient may discuss their symptoms with the healthcare provider during a physical examination. The patient may be referred for additional testing if anything abnormal is identified during the exam.
Mammogram
Mammograms are X-rays of breast tissue and are standard screening tests used to detect smaller tumors. A radiologist looks for breast masses. Some of these masses are benign solid cysts that do not contain cancer. Radiologists examine the size, shape, and margins of masses to help determine whether cancer may be present.
Generally, if a medical professional finds something concerning after a mammogram, they may order an additional mammogram, called a diagnostic mammogram, that looks closely at both breasts. The healthcare professional could also order additional imaging tests or a biopsy to confirm the mass’s malignancy.
However, it is not uncommon for mammograms to miss breast cancer tumors. False negatives, in which the patient is told the mammogram detected no cancer, occur in about one in eight cases, often affecting patients with dense breasts.
False positives, in which a patient is told that they have a malignant growth, are also far too common. This occurs in about 10-12% of cases, but the rate increases to more than 50% among women who are screened annually for 10 years.
Breast Ultrasound
Imaging tests analyze breast tissue for anything that is not typical. An ultrasound can help determine if a detected mass is a benign cyst or a malignant tumor. Ultrasounds use sound waves to create images of internal body structures. They may be able to show whether the lump is a solid mass, which could indicate cancer, or a fluid-filled cyst.
Breast MRI
An MRI is another imaging test that may help detect cancer. MRIs use magnetic fields and radio waves to produce images of the inside of the body. Breast MRIs take more detailed pictures of the breast and are often used in cases involving dense breasts. Patients usually receive an injection of dye, which helps the tissue appear clearer in the images.
Biopsy
To confirm the presence of cancer, a healthcare professional may remove a sample of tissue from the breast for a biopsy by placing a needle through the skin and into the breast tissue, guided by images created with X-rays, ultrasounds, or MRIs. After the medical professional draws the tissue from the breast, it is usually sent to a laboratory for testing.
With today’s treatment options and advances in medical technology, receiving a breast cancer diagnosis does not have to mean a death sentence. Genetics counseling, family history assessment, MRI referrals for high-risk patients, and proper follow-up of breast imaging abnormalities can help diagnose breast cancer sooner than ever.
What Is Medical Malpractice in Breast Cancer Misdiagnosis?
Medical malpractice in breast cancer cases occurs when a healthcare provider fails to meet established professional standards of care in diagnosing or treating their patient with breast cancer, resulting in patient harm. Establishing medical malpractice requires showing the following legal elements are more likely true than not:
- There is a verified doctor-patient relationship between the plaintiff and the defendant.
- The medical provider deviated from the accepted standard of care.
- The deviation caused the patient harm.
- The patient suffered damage as a result.
For example, the doctor may have dismissed the patient’s symptoms, failed to order appropriate screening tests, misinterpreted diagnostic images, or failed to follow up after abnormal findings. These oversights can lead to critical delays in initiating treatment, allowing the cancer to progress to more advanced stages. This, in turn, may require more aggressive treatment options and lower survival rates.
Common Causes of Breast Cancer Diagnostic Errors
Besides compromised mammograms, other causes of breast cancer misdiagnosis that could indicate medical malpractice include the following
Inadequate Clinical Breast Exams
A doctor may fail to conduct a thorough breast exam, dismiss a patient’s concerns about self-exam results, or inappropriately label a lump as simple dense breast tissue. This can result in a failure to refer the patient for imaging studies that could help reveal cancer.
Delayed MRI Referrals
As stated above, MRIs can help develop clear pictures of breast tissue and help isolate possible cancerous tissue. However, doctors may delay making these referrals because they get busy, MRIs are expensive, scheduling conflicts, or pure oversight. The longer the patient’s diagnosis is delayed, the worse their chances of survival are.
Failure to Properly Evaluate Breast Density
Women with dense breasts are more likely to develop breast cancer, but mammograms can miss cancer in 40% to 50% of cases involving dense breasts. Dense tissue can hide cancer on mammograms, causing an elevated number of misdiagnoses. Additionally, breast density can change, further complicating this issue.
Doctors should carefully evaluate breast density and supplement mammograms with other diagnostic screening tools, such as ultrasounds and MRIs, to achieve an accurate diagnosis.
Other Causes of Diagnostic Failures
The failure to diagnose breast cancer could also be due to many other causes, including:
- Failing to obtain a detailed family history, identify potential risk factors, or acquire a detailed medical history related to breast cancer
- Failing to document critical information about new clinical problems
- Failing to order appropriate diagnostic tests and imaging
- Failing to follow clinical guidelines to determine if breast cancer is present
- Not following up on imaging studies or test results that demonstrate breast abnormalities
- Poorly performing mammograms
- Failing to order a biopsy when one is warranted
- Misdiagnosing a lump as a blocked milk duct or other benign medical condition
- Misinterpreting mammogram results or biopsy results
- Not reading imaging results correctly
An experienced medical malpractice attorney from our firm can carefully review your case to determine if you have legal grounds to file a medical malpractice case based on the diagnostic error.
Legal Options for Victims of a Delayed Breast Cancer Diagnosis
The legal team at Powers & Santola, LLP has extensive experience handling cases of failed and delayed diagnosis of cancer. When your healthcare provider delays a serious diagnosis like breast cancer, causing you to require more aggressive treatments or have lower survival odds, you could be owed substantial compensation for the significant financial burden and emotional distress someone else has caused you. Economic damages that may be awarded in New York personal injury cases of this nature involving breast cancer misdiagnoses due to non-rediological medical errors at Albany area practices could include the following:
- Costs for additional diagnostic screening, including additional mammogram screenings, supplemental imaging, and biopsy sampling
- Medical expenses related to the treatment regimen, such as hormonal therapy, radiation treatments, and surgical intervention
- Future medical expenses
- Rehabilitation services and home healthcare
- Lost wages and reduced earning capacity due to the long-term impact of cancer
Additionally, you may be able to recover compensation for your pain and suffering, mental anguish, emotional distress, and reduced quality of life caused by the medical negligence.
Why Choose Powers & Santola, LLP as Your Medical Malpractice Firm
When you are dealing with the emotional turmoil and uncertainty following a breast cancer misdiagnosis or delayed diagnosis, you need an experienced attorney who understands how to make compelling arguments regarding medical malpractice. When you hire Powers & Santola, LLP, you are getting an entire legal team at your disposal who can competently handle every aspect of your claim while you focus on healing. Your team consists of eight attorneys, five paralegals, and additional support staff.
Based on peer reviews, professional achievements, and other discerning factors, Powers & Santola attorneys and law firm have been recognized as the best in the country by Best Lawyers in America and U.S. News and World Report, trusted guides for legal excellence. Our attorneys are very knowledgeable in various aspects of personal injury law and have even prepared legal treatises to explain it. More importantly, we have achieved life-changing results for our clients, totaling hundreds of millions of dollars in compensation for those negatively affected by others’ negligence.
Because we only accept a limited number of cases, we can provide personalized attention to each client and focus on the minutest details, sometimes with a tremendous impact on a case. We treat our clients like family with the care and respect they deserve.
Our trial-readiness and successful track record of achieving record-breaking results in court mean insurance companies often offer fair settlements to avoid the risks of a trial. If they don’t, we’re not afraid to take your case to trial to fight for the outcome you deserve. Contact our award-winning law firm today to learn more about how we can help you through this journey.
Contact Our Medical Malpractice Team for a Free Consultation
When medical errors lead to adverse outcomes, failure to diagnose a medical condition correctly, or worse survival odds, the trial lawyers at Powers & Santola, LLP are ready to take legal action to protect the rights of the injured. Our results speak for themselves. We can take on insurance companies and negligent healthcare providers to fight for the justice and compensation you deserve. Contact us at our Albany office today.
