How A Physician Who Holds Up The Detection Of Your Breast Cancer Might Be Liable For Medical Malpractice

BusinessLegal

  • Author Joseph Hernandez
  • Published August 30, 2010
  • Word count 593

There are 2 mistakes that physicians are most likely to make that may hold up the detection of a female patient'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. Should a doctor make either of these mistakes and in doing so delays the detection of the cancer until it gets to an advanced stage, the woman may have a case for malpractice.

The first error made by physicians is not to order a diagnostic test in the event that a female patient says that she discovered a mass during a self-conducted breast examination or the doctor detects the lump during a routine clinical breast examination. Certain doctors will assure the female patient she has only a benign cyst, commonly when the patient is younger than 40 and does not have a of breast cancer in her family.

Yet, 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. This is why a physician ought to order diagnostic testing in order to establish if the mass is cancerous. Tests that can be ordered are a mammogram, a biopsy or an aspiration. In case the patient does indeed have have breast cancer, not recommending diagnostic testing may lead to the metastasis of the cancer.

The other error made by physicians is to misread a mammogram. Mammograms are used to scan the breast for abnormalities that could be due to cancer. The mammogram makes images of the inside of the breast by using x-rays of the patient’s compressed breast. The ensuing images are then analyzed by doctors for the existence of any structures or changes that could be cancerous.

Regrettably, doctors sometimes miss what is basically in front of their eyes. At times doctors overlook an abnormality that shows up in the mammogram. Other times, physicians improperly diagnose an abnormal structure or change as harmless without recommending further tests, for example, a biopsy to rule out cancer.

Either of the errors described above can produce a delay in the detection of the patient’s breast 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. When the cancer spreads, the treatment possibilities for the patient are more limited. Furthermore, the woman's 5-year survival rate, the probability that she will be alive at least five years after her diagnosis, even with treatment, lessens significantly.

At Stage III, it is roughly 55%. By Stage IV, it can be as low as 20%. If the cancer had been detected early, the 5-year survival rate would have been over eighty percent, possibly even above ninety five percent if it had been detected early enough.

Medical errors can lead to terrible consequences. This is particularly so for people with cancer. The delay in diagnosis might result in the need for a mastectomy, limited treatment possibilities, and under certain circumstances, can be fatal. Under such circumstances, mistakes such as the ones discussed in this article might constitute malpractice.

The law limits the amount of time a victim of medical malpractice and her family have in which to pursue any resulting legal claim(s). Consequently, should you believe that you or a family member have been the victim of medical malpractice, you should speak to a lawyer without delay.

Joseph Hernandez is an Attorney accepting medical malpractice cases. You can learn more about advanced breast cancer and breast cancer metastasis by visiting the websites

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