Breast cancer survival rates have improved dramatically over the years, but the odds of a full recovery are much higher the sooner the cancer is discovered and correctly diagnosed. When doctors disregard patient symptoms or fail to order the appropriate tests, the consequences can be severe. If you’ve suffered harm due to a doctor’s failure to diagnose breast cancer, you may be able to recover compensation through a medical malpractice claim.
Consequences of Failure to Diagnose Breast Cancer
Failure to diagnose breast cancer, or misdiagnosis of breast cancer as some other condition, can cause consequences such as:
- A need for more aggressive use of radiation or chemotherapy
- Increased emotional distress
- Increased family stress
- Financial consequences due to the need for more extensive medical treatment
- Reduced odds of surviving the disease
Considering the severe consequences of misdiagnosis or failure to diagnose, it is vital for medical professionals to correctly diagnose breast cancer as early as possible. What can you do when a doctor fails to make the correct diagnosis?
Duty of Care and Medical Malpractice
When you establish a treatment relationship with a doctor, they owe you a duty of care to provide thorough and careful medical treatment. That includes:
- Correctly identifying any symptoms you may have
- Ordering any appropriate tests
- Correctly interpreting test results
- Making any necessary referrals
- Ensuring that you receive timely care
Breast cancer symptoms include:
- A lump in the breast or underarm
- A thickening of the tissue in the breast or underarm
- Asymmetry, swelling, or any other change in the shape or size of the breast
- Any change in the appearance of the nipple
- Any discharge from the nipple not associated with breastfeeding
- Redness, rash, or other changes in the skin of the breast
If you have any of the symptoms associated with breast cancer, and your doctor disregards or fails to act on those symptoms, then you may be able to file a medical malpractice claim. The same is true if your doctor fails to order a mammogram, ultrasound, MRI, biopsy, or other appropriate test to check for breast cancer or if your doctor fails to refer you to a specialist after discovering signs of breast cancer.
Legal Options Available to Victims of Medical Negligence
When a doctor fails to diagnose breast cancer symptoms correctly, you can hold them liable with a medical malpractice claim. The first step is to contact a law firm familiar with medical malpractice cases.
Your lawyer will determine whether the doctor’s negligence resulted in quantifiable harm to you. If your lawyer concludes that you have a solid medical malpractice case, they will gather evidence to demonstrate that:
- The doctor had a duty of care to you
- The doctor failed to meet the standard of care for your situation, breaching their duty of care
- This breach directly caused you harm
The standard of care is another term for what a conscientious doctor would normally do under the same circumstances. For example, if a doctor discovered a lump in your breast, the standard of care would require them to order a test for breast cancer. If the doctor failed to do so, they breached the standard of care and may be liable for any harm you suffered. Your lawyer can file a claim to collect compensation for your losses.
Contact a Long Island Medical Malpractice Lawyer Today
Once you discover that a doctor failed to diagnose your breast cancer, you should contact a lawyer immediately. Under Lavern’s Law, the usual New York statute of limitations is extended when a doctor fails to diagnose cancer. Usually, you would have two and a half years to file a lawsuit, but under Lavern’s Law, the countdown doesn’t begin until you discover that you have breast cancer. In total, the law gives you up to seven years to discover the cancer and file a lawsuit.
Dell & Dean, PLLC, is a medical malpractice firm based in Garden City. If your doctor failed to diagnose your symptoms correctly anywhere in Long Island or elsewhere in New York, contact us today for a free consultation to discuss your case and learn more about your options.
