subject: Why The Delayed Detection Of Breast Cancer Might Turn Into A Medical Malpractice Lawsuit [print this page] Why The Delayed Detection Of Breast Cancer Might Turn Into A Medical Malpractice Lawsuit
There are two types of errors that doctors are most likely to make that might hold up the detection of a woman's breast cancer - (1) not performing any diagnostic testing to rule out cancer when a lump is felt in the breast and (2) misinterpreting a mammogram. If a doctor makes either of these errors and thereby delays the detection of the cancer until it gets to an advanced stage, the female patient may have a case for malpractice.
The first most common error made by doctors is not to order a diagnostic test when a woman says that she noticed a mass while doing a self-conducted breast examination or the physician detects the mass while performing a routine clinical breast examination. Some physicians will assure the patient that this is just a noncancerous cyst, especially if she is younger than 40 and does not have a of breast cancer in her family.
Regrettably, despite the fact that the majority of new incidents of breast cancer occur in women older than 50, younger females can, and are, diagnosed with breast cancer daily. Additionally, it is not possible to rule out the possibility of cancer based merely on a clinical breast examination. Because of this , a physician ought to recommend diagnostic testing in order to determine if the mass is cancerous. Diagnostic tests the doctor can order include a mammogram, a biopsy or an aspiration. In case the patient does indeed have have breast cancer, the failure to follow up with diagnostic testing may lead to the metastasis of the cancer.
The other mistake made by physicians is to misread a mammogram. Physicians use mammograms to scan the breast for abnormalities that might be due to cancer. The mammogram makes pictures of the inside of the breast with x-rays of the woman's compressed breast. The resulting images are then analyzed by doctors for the presence of any structures or changes that might be cancerous.
Unfortunately, physicians in some cases miss what is literally in front of them. Sometimes physicians miss an abnormal structure or change that appears in the mammogram. Other times, physicians improperly diagnose an abnormality as harmless without recommending any diagnostic examination like a biopsy to rule out cancer.
Either of the mistakes described above might cause a delay in the diagnosis of the woman's cancer. The longer the detection of breast cancer is delayed, the more likely it is that the cancer will spread and reach an advanced stage. If the cancer spreads, the treatment alternatives for the woman are reduced. Moreover, her 5-year survival rate, the probability that she will be alive at least five years after her diagnosis, even with treatment, decreases considerably.
Once the cancer reaches the third stage, the survival rate drops to fifty-five percent and by the fourth stage it is only about twenty percent. Had the cancer been detected early, the 5-year survival rate would have been over 80 percent, possibly even above 95% if it had been diagnosed early enough.
Medical mistakes may have deadly consequences. This is especially true for women who have cancer. The delay in diagnosis might lead to the loss of the breast, reduced treatment options, and in some cases, can be even lead to the death of the patient. In situtations when this is the result, mistakes such as those described above might constitute malpractice.
Plaintiffs only have a limited amount of time to pursue a malpractice claim. Waiting beyond that time will forever bar the plaintiff from succeeding on the claim and from recovering.. Therefore, should you suspect that you or a family member have been the victim of medical malpractice, you should consult a lawyer right away.
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