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.
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.
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.
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:
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.
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:
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