Delayed or Missed Breast Cancer Diagnosis

Breast cancer is one of the most common cancers affecting women in the United States, and early detection significantly increases the chances of successful treatment and survival. When a healthcare provider fails to diagnose breast cancer in a timely manner, it can allow the disease to progress unchecked, reducing the effectiveness of treatment options and worsening the patient’s prognosis. If you or a loved one has suffered harm due to a delayed or missed breast cancer diagnosis, you have the right to pursue damages from the responsible parties, and it is critical to consult with an experienced medical malpractice attorney as soon as possible. The assertive Syracuse medical malpractice lawyers of DeFrancisco & Falgiatano LLP Cancer Lawyers, our skilled attorneys are dedicated to helping people pursue justice when substandard cancer care leads to preventable harm, and if we represent you, we will advocate zealously on your behalf. We routinely represent victims of medical negligence in lawsuits throughout Syracuse, as well as in Rochester and cities throughout Upstate New York.

Early detection plays a vital role in the successful treatment of breast cancer. The earlier cancer is diagnosed, the more treatment options are available, and the better the chances of recovery. Doctors are required to follow well-established guidelines for screening and diagnosing breast cancer. These include conducting routine mammograms for women over the age of 40, younger women with a family history of breast cancer, and individuals who present certain risk factors. When abnormal findings are detected, physicians should promptly order follow-up testing, such as ultrasounds, biopsies, or MRIs, to confirm or rule out cancer.

Unfortunately, there are cases where doctors fail to follow these protocols, either by misreading test results, dismissing patient concerns, or neglecting to conduct appropriate follow-up tests. This can result in a delayed or missed breast cancer diagnosis, causing the cancer to progress to a more advanced stage, which may require more aggressive treatments and lead to a lower chance of survival.

When a doctor fails to provide an accurate and timely breast cancer diagnosis, and a patient suffers harm as a result, the doctor may be held liable for medical malpractice.

In New York, to succeed in a medical malpractice claim related to a delayed or missed breast cancer diagnosis, the plaintiff generally must prove the elements of negligence. First, they must establish that the defendant owed them a duty of care, meaning they were required to provide treatment that constitutes the good and accepted practice of medicine.

Next, the plaintiff must demonstrate that the defendant breached this duty in some manner, such as not conducting appropriate tests or misinterpreting results. Additionally, it must be proven that this breach of duty caused the plaintiff harm—in this case, the progression of breast cancer that could have been caught and treated earlier. Lastly, the patient must show that they suffered actual damages as a result of the delay.

Expert testimony is often critical in medical malpractice cases, as it helps establish what the standard of care should have been and how the provider’s actions or omissions deviated from that standard.

In cases involving a delayed or missed breast cancer diagnosis, damages may include both economic and non-economic losses. Economic damages are quantifiable costs, such as medical bills, future medical expenses, and lost wages due to time away from work for treatment. These damages may also include the cost of ongoing care if the delayed diagnosis resulted in permanent disability or other long-term complications. Non-economic damages compensate for the more subjective impacts of medical negligence, such as pain and suffering, emotional distress, and the loss of enjoyment of life.

A delayed or missed breast cancer diagnosis can cause unnecessary suffering and reduce a patient’s chances of survival. If you believe that you or a loved one were harmed due to a healthcare provider’s negligence in diagnosing breast cancer, it is important to seek legal advice as soon as possible. The knowledgeable Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano LLP Cancer Lawyers have extensive experience handling cases involving delayed or missed cancer diagnoses, and we are prepared to fight for the compensation you deserve. We often represent clients in Syracuse, where our main office is located, as well as in Rochester and other cities throughout Upstate New York. To schedule a free and confidential consultation, please contact us through our online form or by calling 833-200-2000.