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Breast Cancer Awareness Month: When Malpractice Becomes a Legal Battle

  • Writer: BLITZ LAW GROUP
    BLITZ LAW GROUP
  • Oct 2
  • 2 min read

October is Breast Cancer Awareness Month, a crucial time dedicated to education, support, and honoring those who have fought this disease. We celebrate the advancements in treatment and the growing number of survivors. However, as personal injury and medical malpractice attorneys, this month also serves as a critical reminder of the severe harm caused when medical professionals fail to meet the standard of care in diagnosing and treating breast cancer.


Hands clasped supportively on a wooden table with a pink ribbon, symbolizing breast cancer awareness. Bright, warm tones convey hope.

The Legal Reality of Breast Cancer Malpractice


A breast cancer diagnosis is devastating, but a delayed or missed diagnosis can be fatal. When a patient suffers because a medical professional made a careless mistake, it moves from a tragic illness to a case of breast cancer malpractice.


Medical malpractice occurs when a doctor, hospital, or other healthcare professional provides treatment that falls below the accepted standard of care, causing injury or death to the patient.


In the context of breast cancer, the most common forms of negligence include:

  1. Failure to Diagnose: A doctor ignores or misinterprets symptoms (such as a lump, pain, or nipple discharge) or fails to recommend appropriate diagnostic tests like mammograms or biopsies.

  2. Delayed Diagnosis: A radiologist misreads a mammogram or ultrasound, or a pathologist misinterprets a biopsy slide, leading to a significant delay in treatment. The delay allows the cancer to progress to a more advanced, less treatable stage.

  3. Failure to Inform/Follow Up: A healthcare provider fails to inform a patient about abnormal test results or neglects to schedule necessary follow-up appointments.

A successful breast cancer malpractice claim must prove that the doctor's negligence caused a worse outcome for the patient than they would have had with timely care. For example, proving that the delay caused the cancer to metastasize from Stage I (highly treatable) to Stage III (significantly more difficult to treat).


The Intersection of Personal Injury and Breast Cancer


While many malpractice cases focus on the missed diagnosis, there are broader personal injury principles involved in a cancer patient’s journey:

  • Product Liability: In rare cases, a patient may be injured by a defective medical device or pharmaceutical used during treatment or reconstruction.

  • Compensation for Damages: Like all personal injury claims, a successful breast cancer malpractice case seeks to recover compensation for all losses, including past and future medical expenses, lost wages (due to treatment and disability), and pain and suffering. This compensation is vital for patients facing long-term chemotherapy, radiation, and surgical costs.


Protecting Your Rights


If you or a loved one suspect that a delay in diagnosis or improper treatment led to a worsened prognosis, time is of the essence. Statutes of limitation apply, and they can be very complex in medical malpractice cases. Consulting an experienced attorney immediately is the best way to determine if you have a viable claim and secure the resources needed for your ongoing care.


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