When your doctor told you that your lump was benign and you didn’t have breast cancer, you probably felt relieved. When that information later turns out to be wrong, what are your legal options?
An experienced medical malpractice attorney from Powers & Santola, LLP can investigate your case and determine if you have a viable claim for medical malpractice. Our experienced legal team has recovered hundreds of millions of dollars in compensation for our clients in medical malpractice and personal injury cases. Contact us today to take advantage of a free, no-obligation consultation.
What Are Biopsies?
A biopsy is the surgical removal of a piece of tissue used to detect cancerous cells or other medical conditions. The type of biopsy performed depends on the symptoms, the affected body area, and any possible medical conditions.
After a medical provider takes the biopsy, the sample is sent to a laboratory for analysis. There, lab technicians or pathologists run tests to analyze the sample. Biopsies can help determine if a patient has a serious medical condition, such as cancer, as well as the type and stage of cancer.
The Role of Biopsies in Diagnosing Breast Cancer
Healthcare providers take biopsies of cells or tissues to help identify tumors that may be cancerous. They are instrumental and helpful in diagnosing cancer. If your doctor believes you might have cancer, they may take a biopsy of the suspected area. They may also take a blood test to detect cancer markers.
What Happens After a Mass Is Detected
One of the most common ways that cancer is initially detected is through the discovery of a problematic lump. This could be during a self-exam, a doctor’s physical examination, or a mammogram. After this initial discovery, healthcare providers generally take the following approach:
- Initial monitoring: A doctor may use a “wait and see” approach to monitor the lump. This may involve waiting one menstrual cycle to see if the mass changes in size or appearance.
- Diagnostic mammogram: After a patient discovers a breast mass or lesion, a doctor may order a diagnostic mammogram to determine whether the cells are malignant or benign. Even if a mammogram provides a negative result, this may not be conclusive, as false negatives are fairly common.
- Additional testing: If a healthcare provider suspects a suspicious mass, they may order tests such as a tissue biopsy or an image-guided needle biopsy, especially if the mass is solid. A biopsy can help determine whether a mass, skin growth, or organ inflammation is caused by cancer or is some other condition, such as a benign cyst.
- Communication: Healthcare providers must promptly interpret lab results, inform the patient, and guide additional treatment decisions or diagnostic courses of action, such as ordering follow-up tests.
If a patient has cancer, treatment may begin within the coming months.
The Consequences of Biopsy Errors and Delayed Diagnosis
While some healthcare providers may use a “wait and see” approach, this can sometimes lead to costly, unnecessary delays. Patients can suffer devastating results when they are faced with unnecessary delays or a failure to order a biopsy. Misinterpreted biopsy results can also lead to improper or insufficient medical treatment, damaging the patient’s health.
Breast cancer can spread rapidly when it is not detected early. A biopsy that is not ordered or that is misinterpreted can allow treatable cancers to spread. When cancer is caught in earlier stages, survival rates are much higher than when the cancer is allowed to spread. If cancer is still treatable at later stages, the patient generally requires more invasive and expensive treatment. The patient could also deal with considerable pain and suffering.
Cancer requires a prompt response and treatment. When a biopsy yields inaccurate results, the patient may receive the wrong treatment for a condition they don’t have, while also missing the treatment they do need. The treatment they receive could be detrimental to their overall health.
An inaccurate biopsy can result in the need for additional biopsies or other diagnostic tests, which can cause bleeding, infection, and other complications.
When Not Ordering a Biopsy Is Medical Malpractice
Patients reasonably expect their doctors to properly apply their extensive education and training to diagnose their conditions accurately. They should also be able to expect that doctors will carefully review risk factors, patient history, family history, and other information to get a more comprehensive picture of their overall health, so they can realize when breast cancer may be a possibility.
Unfortunately, some patients do not experience the level of skill and insight that they should. Patient concerns may be dismissed. They may be dismissed because they are young.
Medical malpractice occurs when a healthcare provider deviates from the standard of care and causes harm to the patient. The standard of care is the level of care that another medical provider would provide under similar circumstances.
Various acts or omissions can potentially form the basis of a viable medical malpractice claim, such as:
- Failing to detect lumps during breast exams
- Dismissing a lump as dense breast tissue or a normal fibrocystic cyst
- Misreading high-risk patient history
- Failing to refer the patient to a specialist
- Not noting that a lump is growing after initially detecting it
- Failing to refer the patient for a sonogram
- Failing to order a biopsy
- Poorly performing a biopsy
- Making mistakes during a biopsy, such as missing the tumor, and collecting healthy cells
- Misinterpreting test results or lab results
- Failing to review the results of biopsy testing in a timely manner
The basis of a medical malpractice claim requires that you be able to show the following legal elements by proof by the preponderance of the evidence:
Duty of Care
The duty of care is the legal responsibility one person has toward another person or the public at large. In medical malpractice cases, the duty of care is established by the existence of a doctor/patient relationship.
Breach of the Standard of Care
The breach of the standard of care is what a medical provider does that deviates from the accepted medical standard of care. The question is, “Would another healthcare provider in the same specialty and with similar experience have acted the same under similar circumstances?” This element is established through testimony from medical experts.
The potential breach of the standard of care could be due to medical mistakes, such as:
- Missed image findings
- Failure to order follow-up testing
- Failure to refer a patient for a biopsy
- Breakdowns in communication between medical providers
Causation
The healthcare provider’s deviation from the standard of care must be the direct and proximate cause of the delayed diagnosis and not some other cause, such as the patient failing to get checked out.
Damages
Damages are losses a person suffers due to negligence, including physical injuries and financial harm. If you incurred additional medical expenses or lost income because of the delay in cancer diagnosis, you have likely experienced damages.
Financial Compensation You Can Recover from a Medical Malpractice Lawsuit
Victims of medical malpractice can pursue compensation for their economic and non-economic damages. Economic damages are direct economic losses tied to the delayed diagnosis. Non-economic damages compensate for the more subjective and less tangible losses victims suffer.
Through a successful medical malpractice claim, you may be able to recover compensation for the following damages:
- Medical expenses: You likely incurred additional medical bills because of the delayed cancer diagnosis. You may require more extensive medical treatment due to your cancer advancing. The cancer can spread, requiring more expensive treatments such as radiation, chemotherapy, or surgery. You can seek compensation for medical bills you already incurred, as well as payment for anticipated future medical expenses.
- Lost wages: You may have needed to take time off work to receive treatment or been unable to work while recovering. You can pursue compensation for your lost income.
- Reduced earning capacity: If the cancer has caused you to suffer a permanent disability, you can pursue compensation for your future lost income and permanent reductions in your earning power.
- Pain and suffering: Cancer and medical treatments can cause significant physical pain and suffering. You have the right to pursue compensation for these experiences.
- Mental distress: Knowing that your life expectancy may be cut short due to someone else’s careless actions can be emotionally distressing, especially when that person is someone whom you trusted. You can pursue compensation for your mental anguish and emotional distress as part of your personal injury claim.
- Disfigurement and scarring: You can also pursue compensation for physical disfigurement or scarring.
- Loss of enjoyment of life: A delayed cancer diagnosis can significantly impact your overall quality of life. You can pursue compensation for these damages.
An experienced attorney can carefully evaluate your case and determine the damages that you can include in your personal injury case.
What to Do If Your Breast Cancer Diagnosis Was Delayed
If you believe that your breast cancer diagnosis was delayed or overlooked due to a medical error, you must act quickly to protect your health and legal rights. Diagnostic delays can negatively affect your treatment options and long-term outcomes. Because medical malpractice cases are so complex, they require a careful medical and legal analysis. Having an experienced medical malpractice attorney who understands medicine and the law is critical to preserving your legal rights during this difficult time.
You should reach out immediately to an experienced medical malpractice lawyer for help. Medical malpractice lawyers understand how diagnostic errors occur and negatively affect patient outcomes.
In the meantime, request a copy of all of your cancer-related medical information from your original doctor and your new one. Keep a daily record of your daily pain, struggles, and concerns. Work with the medical experts that your medical malpractice attorney refers you to.
Keep up with all of your medical appointments. Retain all medical documentation to help support your legal claim.
Deadline to File a Medical Malpractice Lawsuit in New York
The typical deadline in medical malpractice cases is two and a half years from the date of negligent care. However, there is a special rule (Lavern’s Law) in New York medical malpractice cases involving delayed cancer diagnoses that gives you two-and-a-half years from the date you discovered the malpractice to file a legal claim.
Contact Powers & Santola, LLP for a Free Case Review
If you suspect your healthcare provider was responsible for your delayed diagnosis of cancer, you should seek medical attention immediately. Then, contact the experienced legal team at Powers & Santola, LLP for a free consultation.
Our attorneys have extensive experience handling complex legal claims, including medical malpractice cases. We can investigate whether missed imaging findings, failure to order follow-up testing, or breakdowns in communication between your healthcare providers played a part in your delayed cancer diagnosis. We will identify how they breached the standard of care and pursue full financial accountability for the harm they caused.
Our medical malpractice and personal injury law firm is a premier firm that has garnered the respect and attention of our rivals. Our firm has been recognized by U.S. News and World Report and Best Lawyers in America as one of the country’s best medical malpractice and personal injury firms. When we accept a case, insurance companies and our opponents know that it has merit and we mean business. This reputation has helped us recover verdicts and settlements for hundreds of millions of dollars.
Contact us today for a free initial consultation.
