Your Advocate When Breast Cancer Is Misdiagnosed

In 2010 it was estimated that among women in the United States there would be over 200,000 new cases of invasive breast cancer. Women in all communities must be vigilant in obtaining early diagnosis. Statistics show that Caucasian women have the highest incidence of breast cancer. But, breast cancer is the most common cancer among African American women and is the second leading cause of cancer death among African American women.

Your chances for survival are increased by early detection and can be decreased when breast cancer is undiagnosed. There are various screening tests that may help to insure early detection. These tests include a digital mammography, ultrasound, MRI and a clinical breast exam. There are also various simple blood tests to help determine whether you are genetically more likely to succumb to breast cancer. In fact, women of Jewish decent have a higher propensity for a mutation on their BRCA1 and BRCA2 genes making them more susceptible to breast cancer and ovarian cancer.

Even an aggressive cancer is curable if caught early. At the Jacob D. Fuchsberg Law Firm, our lawyers represent women who have suffered injury due to undiagnosed or a late diagnosis of breast cancer. Undiagnosed breast cancer due to medical malpractice or other reasons can lead to cancer metastasis and, in some cases, death.

Our recoveries for women with breast cancer have given them and their family the peace of mind that comes with financial stability to lessen the hardship.

Our experience means that we can examine the facts of your case and not only ask the right questions, we can find answers to how your undiagnosed breast cancer is connected to medical malpractice, whether due to physician error or diagnostic testing error. Medical clinics and hospitals are busy places and occasionally mistakes are made. When those mistakes lead to illness or injury, we have the experience to obtain a personal injury award or settlement.

There are many medical malpractice errors that can lead to the failure to diagnose breast cancer.  It is important to recognize that there are various stages of breast cancer. Ductal Carcinoma In Situ is considered stage 0 and has the best opportunity for cure. The cancer is confined to the ducts of the breast. However, breast cancer that has spread from the original location (milk ducts or lobules) into the surrounding breast tissue and into the lymph nodes and other parts of the body is known as invasive breast cancer and it carries with it a higher mortality rate.

Some of the issues that are addressed when reviewing a case for medical malpractice liability include the following:

• Was a mammogram performed in a timely manner, Was the mammogram read appropriately?
• Were spot films obtained of suspicious areas in the breast as demonstrated by mammogram?
• Was the radiographic testing conducted properly? Was an ultrasound performed of the breasts?
• Was a fine needle aspiration (FNA) performed? Was the FNA performed correctly? These tests often give false negatives.
• Was the patient asked to return timely based upon radiological/diagnostic assessment?
• Was an appropriate clinical breast exam performed by your physician?
• Did the physician fail to appropriately evaluate any breast changes including if a lump was present, the consistency, swelling, warmth, redness or darkening, discharge, puckering of skin, and discharge from nipple or pain?
• Did the physician appropriately refer you to a specialist?
• Was BRCA1 or BRCA2 gene testing recommended prior to your diagnosis of breast cancer?

When cancer is not diagnosed at an early stage, or worse not diagnosed at all, it can metastasize and spread throughout the body. Early diagnosis is critical to survival for many cancers.

At the Jacob Fuchsberg Law Firm, our experience in medical malpractice may be the critical factor in obtaining a settlement for a missed diagnosis or delayed diagnosis of cancer. We have successfully represented those whose cancer went undiagnosed due to physician negligence or error, laboratory error or failures of radiologists and other medical specialists. Sadly, a missed or late diagnosis can sometimes lead to death.