One type of medical malpractice is a failure to diagnose a patient’s condition. To recover compensation, a plaintiff must prove that a doctor failed to timely diagnose their medical condition which is also known as a deviation from the standard of care or quite simply the mistake. Next, a plaintiff must prove that the mistake was a substantial factor in causing the patient’s subsequent injuries. A common condition doctors fail to diagnose timely is breast cancer which is the most common cause of cancer death in women. Approximately eighty (80% ) of people diagnosed with breast cancer had no risk factors previously.
Scenarios of successful breast cancer lawsuits may include:
-where a doctor failed to order follow up testing on a known breast lump
-where a doctor failed to order a biopsy of a breast lump or suspicious result in diagnostic testing
-failure to properly read the mammogram or ultrasound films
Screening patients with no complaints or pain is the best way to detect and treat breast cancer in its earliest stages. This is true because the smallest lump or nodule can only be felt upon touching when it has already grown to one centimeter (about inch). By this time the lump may already contain up to one billion cancer cells. A regular mammogram is therefore the best preventative screening to catch this disease in its infancy stages.
The medical malpractice trial lawyers at Frekhtman & Associates specialize in failure to diagnose breast cancer litigation. We are available for a free confidential consultation. If we accept your case, there is no fee unless we win a recovery.
Failure to Diagnose Breast Cancer
Breast Cancer has effects on thousands of women and their family members every day. The consequences of breast cancer can be horrendous if a medical care provider is not able to accurately diagnose and treat a patient.
Failure to timely diagnose breast cancer accounts for 40 percent of all medical malpractice suits. A number of lawsuits were settled or tried to verdict with results of 1 milllion dollars or more involved medical malpractice of a doctor’s failure to detect brain cancer in a timely manner.
Why are breast cancer malpractice cases common in the United States ?
The simple reason can be a preconception among the professional medical community that only older women with a family history of breast cancer are at an increased risk. A study by the Physicians Insurers Association of America lists the following as the primary reasons why doctors often misdiagnose breast cancer:
-Doctors depend far too much on a woman’s age as a factor for predicting breast cancer.
-Physicians over emphasize negative mammogram results, even when the woman has felt a lump.
-Doctors don’t take women seriously whenever they complain of symptoms.
If you or a loved one has been a victim of a delayed or misdiagnosed breast cancer, contact us for a confidential evaluation of your case.
Early diagnosis of breast cancer is key
Regular testing for breast cancer is the simplest way to spot early signs and significantly enhance your chances for a full recovery. This is best accomplished through monthly self-exams along with regular mammograms.
The best indicator for prognosis (possible outcome) of breast cancer is the clinical stage itself. Five-year success rates for individuals with breast cancer who are given appropriate treatment are close to:
85% for Stage I 66% for Stage II 41% for Stage III 10% for Stage IV
In some cases, not all cancers are clinically diagnosed in time, which greatly reduced the chances of a recovery.
The attorneys at the law firm of Frekhtman & Associates will provide a confidential evaluation of your claim at no cost or obligation.
Free Consultation with a New York Law Firm. We provide legal consultation in the New York City including Bronx, Manhattan, Brooklyn and Queens. at 1-866-ATTY-LAW (866-288-9529) New York (718) 331-7700
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