Legal Assistance for Misdiagnosis or Failure to Diagnose Breast Cancer

Unfortunately, misdiagnosis and delayed diagnosis can occur even if the physician does everything in his or her power to correctly identify the problem. If, however, a reasonable doctor would have been able to make the breast cancer diagnosis sooner, the defendant could be guilty of malpractice. The following are examples of scenarios which could point to medical malpractice in  breast cancer cases:

1. Missed cancer signs on a mammogram and/or ultrasound. A delay in the diagnosis of breast cancer could result from the radiology department breaking imaging protocol and/or misinterpreting the results of a scan. Failure to take due care in reviewing the results of a mammogram or ultrasound could lead to the professional overlooking signs of breast cancer and missing a timely diagnosis.
2. Failure to conduct the correct type of mammogram or ultrasound. There are two types of mammograms a radiology center can conduct: 1) a screening mammogram and 2) a diagnostic mammogram. Screening mammograms are regular scans done on an annual basis. A diagnostic mammogram, on the other hand, serves the purpose of detecting cancer if the patient presents with an abnormality or has a previous history of breast cancer Ordering the wrong type of diagnostic study could result in a botched diagnosis.
3. Failure to follow appropriate guidelines for breast cancer diagnosis. The American College of Radiology (ACR) sets guidelines for how physicians and radiologists must conduct mammograms and analyze results. Ignoring these guidelines to save time or out of incompetence can result in FTD. Reviewing and being familiar with the ACR guidelines can help a patient create a case against a negligent practitioner.

If a patient visits a doctor because he or she suspects breast cancer from self-evaluation, the doctor must order appropriate tests to investigate further. If during a screening mammogram the patient presents with visuals of breast cancer in scans, it is up to the radiology center to accurately and promptly make a diagnosis. Early detection is critical in treating breast cancer, as a patient’s chance of survival can decrease significantly with prolonged lack of treatment. Worsened prognoses, inoperable breast cancer, or death because of the failure to recognize and diagnose on time can be medical malpractice.