BREAST CANCER AWARENESS MONTH: THE DANGERS OF MISDIAGNOSIS

One out of eight women in the U.S. is affected by breast cancer. Like many diseases, it is less likely to turn fatal when discovered and treated in its early stages. However, breast cancer is frequently misdiagnosed, causing the disease to progress before a patient can receive potentially life-saving treatment. Because misdiagnosis is a form of medical malpractice, victims may be entitled to sue a negligent physician or medical facility for their monetary damages and intangible losses. Hiring a cancer misdiagnosis lawyer is the best way to protect your rights and receive the compensation you and your family deserve.

• Diagnostic errors, including misdiagnosis or delayed diagnosis, account for approximately one-third 33 percent of all medical malpractice claims

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WHAT IS MEDICAL MALPRACTICE?

In legal terms, medical malpractice is defined as any action, or failure to act, that causes a patient to suffer harm. To prevail in a malpractice lawsuit, the victim must their condition was a direct result of negligence on the part of a physician, medical practitioner or facility, such as a hospital or lab.

Furthermore, diagnostic errors, including mistaken or delayed diagnoses, account for approximately 33 percent of all medical malpractice claims.

Four elements must exist in order for a medical malpractice case to move forward:

1. The doctor (or other medical provider or facility) owed a professional duty of care to the patient
2. The physician (or other medical provider or facility) breached this duty
3. This breach caused harm, illness or injury to the patient
4. The patient suffered significant damages, both economic (medical bills and lost wages) and intangible (pain and suffering)

In most medical malpractice cases, the plaintiff must establish that the physician failed to adhere to the accepted norms that other doctors in the same locale and area of specialization would follow in a similar situation. This usually entails extensive documentation and expert witness testimony from other physicians and/or medical experts, which is why it is important to have an experienced cancer misdiagnosis lawyer on your side.

Recommended reading: Shocking Statistics Every Patient Should Know about Medical Malpractice

IMPORTANT BREAST CANCER STATISTICS

Here are some significant statistics compiled by researchers from the National Breast Cancer Foundation, Inc., the American Cancer Society and others:

• Next to skin cancer, breast cancer is the most common cancer affecting women in the U.S.
• One of every eight women, or approximately 13 percent of females in the U.S., will develop breast cancer during their lifetime
• There are currently over 3.8 million breast cancer survivors in the U. S.
• The average age of women diagnosed with breast cancer is 62
• The most common types of misdiagnosed cancers are breast, colon, melanoma and lung
• An estimated 297,790 new cases of invasive breast cancer will be diagnosed this year, as well as 55,720 new cases of non-invasive (in situ) breast cancer
• An estimated 43,700 U.S. women will die from breast cancer this year
• An estimated 2,800 U.S. men will be diagnosed with invasive breast cancer and approximately 530 will die
• Breast cancer comprises approximately 30 percent of female cancer diagnoses
• There are more than 3.8 million breast cancer survivors in the U. S.
• The five-year relative survival rate for cancer diagnosed at an early, localized stage is 99 percent
• The 5-year relative survival rate for all types and stages of breast cancer combined is 91 percent
• The fatality rate for women who do not receive recommended screenings for breast cancer is 26 percent higher than for those who have regular mammograms and breast exams.

CAN MEN GET BREAST CANCER?

Yes, although the estimated lifetime risk for men is about 1 out of 833, compared to one out of eight for women. However, men have higher mortality rates because they are less likely to seek early treatment due to lack of awareness.

In addition, unless there is a known genetic predisposition, men do not get regular screening mammograms, which are the best way to detect cancer at its earliest stage.      

Further, because male breast cancer is rare, physicians may not recognize the signs until the disease has progressed and successful treatment is no longer possible. The majority of men diagnosed with breast cancer are over 50.

CAN WOMEN REDUCE THEIR RISK OF DEVELOPING BREAST CANCER?

While the cause of many breast cancers cannot be determined, there are certain known risk factors associated with the disease. These fall into two main categories, those that cannot be changed or avoided and those relating to environment and lifestyle choices.

Unavoidable risk factors include:

• Being female, Caucasian and over 55
• Family history of breast cancer
• Early menstruation (before age 12)
• Late menopause (55 or older)
• Dense breast tissue
• Mutations of certain genes such as BRCA1 and BRCA2
  • Risk factors relating to lifestyle and environment can often be reduced by following these recommendations from the American Cancer Society:
• Maintain an appropriate weight for your height and build
  • Research shows being overweight can increase the risk of breast cancer.
• Eat a healthy diet
  • Increase your intake of fruits and vegetables and reduce saturated fats, sugar and overprocessed foods
• Exercise regularly
  • Moderate to vigorous exercise, 150 – 300 minutes/week, can reduce the risk of breast cancer.
• Limit or avoid alcohol
  • Even a small amount of alcohol is shown to increase the risk of breast cancer.
• Ask your physician about menopause treatments that do not contain estrogen  
  • Hormones or other products containing estrogen can increase the risk of breast cancer.
• Consider genetic testing if there is a family history of breast cancer or BRCA1 and BRCA2 gene mutations
  • Individuals with these risk factors may benefit from genetic testing to determine what, if any, preventative measures are needed.
• Perform monthly self-exams
  • Follow the instructions provided by the National Breast Cancer Foundation, Inc. and contact your doctor if you discover any lumps or other irregularities.
• Get regular screening mammograms
  • This is the best tool for early detection of various forms of breast cancer.

DO I NEED A LAWYER FOR A CANCER MISDIAGNOSIS CASE?

Yes. There are many reasons why plaintiffs who hire cancer misdiagnosis lawyers have more successful outcomes. First, medical malpractice lawsuits are complex, with numerous forms and strict filing deadlines. In addition, proving that a doctor was negligent is challenging. A winning case usually entails obtaining and evaluating extensive medical records, as well as expert witness testimony from practitioners in the same field. Further, if your case goes to trial, you want an experienced lawyer to represent you in front of a judge and/or jury.  

CALL OUR EXPERIENCED CANCER MISDIAGNOSIS LAWYERS TODAY

If you or a loved one is the victim of a cancer misdiagnosis, we can help. Our knowledgeable attorneys know what it takes to build a successful case and win the compensation you and your family deserve. Because medical malpractice cases have strict filing deadlines, it is important to contact us as soon as possible to get your case started.

Medical malpractice law is complicated, but finding the right cancer misdiagnosis lawyer is simple.

Don’t let the legal clock run out. Fill out the brief form below or call 1-800-CALL-SAM today for a free, no-obligation consultation with a member of our legal team. 

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