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Breast Cancer Malpractice Lawyer

Failure to Diagnose Breast Cancer

In the United States, breast cancer is the most common type of cancer in women and is the second leading cause of death for all women. Unfortunately, many women are misdiagnosed or diagnosed too late when physicians fail to recognize symptoms and order the appropriate tests in a timely fashion. When a general practitioner, OBGYN, radiologist or other healthcare professional negligently fails to diagnose a breast lesion early, it can result in advanced stages of breast cancer, loss of timely treatment options and decreased chances of survival.

Breast Cancer Medical Malpractice includes the following:

  • Failure to diagnose
  • Misdiagnosis
  • Delayed treatment
  • Failing to perform a breast examination which would have identified a tumor
  • Failing to identify a palpable lump during a breast examination
  • Misdiagnosis of a tumor for a breast infection
  • Misdiagnosis of a tumor as benign and failing to recommend biopsy or removal
  • Disregarding history of symptoms such as sharp pain in breast
  • Disregarding signs of retraction
  • Failing to determine the cause of nipple discharge
  • Relying upon a negative aspiration biopsy
  • Relying upon a mammography in lieu of physical breast examination
  • Failing to order a mammogram
  • Misinterpreting a mammogram
  • Failing to react to mammogram findings
  • Failing to order a biopsy
  • Failing to order ultrasound when indicated
  • Failing to follow up with the patient
  • Failing to refer the patient for surgical consultation

What is Breast Cancer?

Breast cancer is a cancer of the breast tissue. It is a common cancer in women worldwide and early detection is key. In the United States, it is estimated that 1 out of every 9 women will develop breast cancer in their life time.

Several types of Breast Cancer exist including:

  • Ductal carcinoma - Ductal carcinoma is one of the most common types of breast cancer in women and is diagnosed when cancer cells develop within the milk ducts of the breast.
  • Lobular carcinoma - Lobular carcinoma is cancer of the lobules, milk-producing glands in a woman's breast.
  • Inflammatory breast cancer - Inflammatory breast cancer is an especially aggressive type of breast cancer that can occur in woman of any age. It is often not detected by mammography or ultrasound and does not present traditional symptoms of the lump. It causes breast changes in the nipple and surrounding areas.

Other types of breast cancer include: Medullary carcinoma, Colloid carcinoma, Papillary carcinoma, and Metaplastic carcinoma.

What risk factors are associated with the onset of Breast Cancer?

Breast cancer is often attributed to be the result of DNA damage. Several factors have been identified or hypothesized to playing a role in the onset of breast cancer in New York. The following risk factors may increase the risk of breast cancer in women:

  • Genetics and Family History
  • Environmental Causes
  • Age
  • Alcohol
  • Hormone Therapy
  • Exposure to secondhand cigarette smoke
  • Exposure to ionizing radiation
  • Increased blood levels of estrogen

Legal Help for Breast Cancer Medical Malpractice Victims

If you, a family member or a friend were improperly diagnosed or treated for breast cancer due to the negligence or medical malpractice of a hospital, doctor, or medical facility, contact a breast cancer medical malpractice lawyer at the Finz firm now toll free at (855) TOP-FIRM to speak with an experienced breast cancer medical malpractice lawyer or fill out the Free Breast Cancer Malpractice Case Evaluation form.

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First the good news.  Recently released research indicates that 70 percent of women prescribed chemotherapy under previous guidelines do not require the dangerous and potentially deadly treatment.  By utilizing blood tests and biomarkers, doctors are able to predict the risk of recurrence, and will no longer recommend chemotherapy for women who are unlikely to relapse.

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As we head into Women’s History Month, the recent changes to the American Cancer Society's guidelines regarding mammograms and annual breast exams still have some women concerned about a potential failure to diagnose breast cancer. During breast cancer awareness month last October, the ACS recommended the starting age for women to have an annual mammogram be moved from 40 to 45, with bi-annual testing beginning at 55. They also recommended eliminating the physical breast exam done in a doctor’s office as part of the annual exam.

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Breast Cancer: Taking Matters Into Your Own Hands—Or Leaving It to the Experts

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Angelina Jolie made worldwide headlines in May when she elected to have a double mastectomy as a preventative measure for her genetic likelihood of developing breast cancer at some point in her life.  Electing to have preventative surgery is life-changing and body-altering, all for the sake of “what if this happens,” and is a bold move on the part of the one making the decision. But, not everyone is so lucky to make the choice for elective surgery, which is often expensive and not always covered by standard insurance.  Therefore, we place our care in the hands in our doctors and specialists to help us make those decisions when they find something amiss.  But, what about if a condition is there, and it’s not discovered in time—or at all? 

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