Few words are as frightening as a diagnosis of breast cancer, but what if the diagnosis is made when the cancer has reached stage 4 due to a medical provider’s earlier misdiagnosis?
When assessing a cancer patient’s survival rate, early diagnosis and prompt treatment are critical aspects of cancer survival. A delay in treatment due to a misdiagnosis can mean terminal cancer. While no legal process can erase cancer, it’s important to know your legal options.
When a delayed or missed diagnosis allows breast cancer to advance to stage 4, patients may have grounds to pursue compensation with the help of a Phoenix medical malpractice lawyer.
Contact Knapp & Roberts
Legal Options for Breast Cancer Misdiagnosis Leading to Stage 4
What Causes Breast Cancer Misdiagnosis?
Tragically, studies estimate that about breast cancer is missed or misdiagnosed in clinical settings about 5% of the time. Put another way, this means that out of every 100 correct diagnoses and prompt treatments for breast cancer patients, five women are misdiagnosed, allowing the disease to progress. The most common causes of breast cancer misdiagnosis include the following:
- Clinical errors during palpation or physical examination
- Failure to order appropriate imaging tests
- Misreading imaging tests such as mammograms
- Failure to take a complete patient history
- False negatives on mammogram readings
- Misdiagnosed breast biopsy
- Delayed follow-up or failure to follow up
According to one alarming study, biopsy pathologists correctly diagnosed precancerous cells in breast biopsies only about half of the time.
When breast cancer is misdiagnosed, it’s left untreated during the earliest stages. Stage One breast cancer is treatable and has a high survival rate. Unfortunately, the survival rate begins to plummet in stages 2, 3, and 4. In stage four, the cancer has spread through the lymphatic system to develop lesions in other organs, such as the lungs, liver, bones, and brain.
What Are the Legal Options After a Breast Cancer Misdiagnosis Leading to Stage 4?
Advanced stages of breast cancer require more aggressive treatment with worse side effects and less favorable outcomes. Although no legal process can undo the harm of a breast cancer misdiagnosis that led to stage 4 cancer, a successful medical malpractice lawsuit recovers compensation and a sense of justice. It may also raise awareness and deter medical providers from further negligent actions.
If a misdiagnosis of breast cancer results in a later diagnosis of stage 4 breast cancer, a medical malpractice claim against the negligent provider may result in a settlement or court award for damages such as:
- Reimbursement for past medical expenses
- Anticipated future medical costs
- Lost earnings
- Future income loss
- Compensation for pain and suffering
- Compensation for emotional trauma, depression, anxiety, or loss of enjoyment of life
If medical malpractice caused the death of a loved one due to stage 4 breast cancer that could have been diagnosed earlier but was missed due to a misdiagnosis, then the family may recover compensation through a medical malpractice wrongful death claim.
Proving Liability for a Breast Cancer Misdiagnosis Leading to Stage 4 Cancer
A successful medical malpractice claim requires evidence demonstrating the following:
- A doctor/patient relationship was established at the time the misdiagnosis occurred
- The doctor owed a legal duty of care to the patient, requiring them to provide treatment meeting the medical community’s standards
- The provider breached this duty of care
- The breach of duty caused injury, worsened medical outcome, shortened life expectancy, or death
- The injury victim or their surviving family members suffered damages from the injury
A Phoenix breast cancer misdiagnosis attorney investigates all aspects of the misdiagnosis, compiles strong evidence, and carefully calculates the damages to demand financial accountability for the full amount of compensation available to the malpractice victim or their surviving family.