When it comes to cancer, early detection can make the difference between life and death. Breast cancer, in particular, has a high survival rate if caught early, but the chances of recovery drop significantly when diagnosis is delayed. Understandably, many of our clients often ask: If my doctor failed to diagnose breast cancer, is that medical malpractice? Let’s take a look.
Failure to Diagnose is a Common Malpractice Claim
“Failure to diagnose” is one of the most common types of medical malpractice claims.
In these cases, a doctor does not identify a condition that another reasonably competent physician would have recognized.
With breast cancer, a missed or delayed diagnosis can allow the cancer to spread, making treatment more invasive, more expensive, and less likely to succeed.
When Is a Missed Diagnosis Malpractice?
Not every missed diagnosis is automatically malpractice. To prove a medical malpractice case, a patient must generally show three things:
- A doctor-patient relationship, or that the doctor owed you a duty of care,
- Breach of the standard of care, or that the doctor failed to act as a reasonably skilled physician would in the same situation,
- Harm caused by the failure, or that the delay in diagnosis caused the cancer to progress or reduced the effectiveness of treatment, and
- Damages, or that you suffered specific harm (for example, medical expenses) because of the provider’s unreasonable care.
For example, if a doctor ignores obvious symptoms, fails to order appropriate tests (like a mammogram, ultrasound, or biopsy), or misinterprets results, and this leads to a harmful delay, the patient may have a malpractice claim.
Common Situations Leading to a Failure to Diagnose Breast Cancer
Several scenarios can lead to a doctor missing or delaying a breast cancer diagnosis. These scenarios include:
- Not taking patient complaints seriously (like lumps, pain, or changes in breast tissue).
- Failing to order follow-up tests when imaging shows suspicious results.
- Misreading mammograms or test results.
- Not referring the patient to a specialist when red flags are present.
- Attributing symptoms to other causes (such as infection or benign cysts) without ruling out cancer.
Why It Matters
A delayed diagnosis can have life-changing consequences. It may mean:
- The cancer spreads to lymph nodes or other organs.
- The patient requires more aggressive treatments like chemotherapy, mastectomy, or radiation.
- Survival rates decrease.
- Emotional distress, higher medical costs, and loss of income.
These damages form the basis of what a patient may recover in a malpractice lawsuit.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.