Breast cancer is a pervasive concern affecting both women and men, with alarming statistics revealing its impact. In New York alone, approximately 16,400 women confront a breast cancer diagnosis annually, resulting in over 2,000 fatalities. While less common among men, breast cancer still affects around 160 individuals in the state each year.
Timely detection plays a pivotal role in combating breast cancer effectively. However, the ramifications of a missed diagnosis are profound, as it delays crucial treatment, significantly reducing the patient’s chances of survival.
This circumstance not only devastates patients but also their loved ones. If you or a family member experienced an inaccurate breast cancer diagnosis, it could constitute medical malpractice. Yet, navigating such cases requires adept legal handling, a task at which the seasoned cancer misdiagnosis attorneys at William Pager Law Firm excel, having assisted numerous families in securing rightful compensation for misdiagnoses.
If you have suffered due to a cancer misdiagnosis, you are not alone. Our attorneys have helped thousands of individuals recover, let our family help yours.
In This Article:
- New York Breast Cancer Misdiagnosis Lawyer
- How Did My Doctor Miss the Signs?
- Commonly Misdiagnosed Conditions
- Breast Cancer Over diagnosis
- What Can Cause a Delayed Breast Cancer Diagnosis?
- How to Avoid Breast Cancer Misdiagnosis
- When Should I Contact a Breast Cancer Misdiagnosis Lawyer?
- Speak with a Misdiagnosis Attorney Today
New York Breast Cancer Misdiagnosis Lawyer
One woman in eight will receive a breast cancer diagnosis in her lifetime, and one percent of those diagnosed are men. In New York, over 16,400 women face a breast cancer diagnosis every year, and unfortunately, over 2,000 of them will die from the disease. Men also experience breast cancer, but much less frequently; breast cancer infects 160 men in New York every year.
When it comes to the effective treatment of breast cancer, early detection is key to survival. That is why missing this diagnosis is devastating; when doctors misdiagnose cancer, it delays treatment, and the patient’s chances of survival drop significantly.
This situation is devastating for patients, their loved ones, and family members. If you or a loved one was not correctly diagnosed with breast cancer, you might have a claim for medical malpractice and negligence. However, these cases are complex and require expert handling. That is where the experienced cancer misdiagnosis attorneys at William Pager Law Firm can make a difference — we have helped hundreds of families recover compensation after a misdiagnosis (see recent client success stories).
If you or a loved one have suffered due to a breast cancer misdiagnosis, we can help you get the compensation you deserve. There is no risk, and no legal fees unless you secure compensation.
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How Did My Doctor Miss the Signs?
Doctors, like all humans, are prone to errors. Nevertheless, they are held to an elevated standard of care due to their specialized knowledge and the significant reliance patients place on it. When errors occur in breast cancer diagnosis, the consequences can be severe. According to the American Cancer Society, early detection of breast cancer yields a five-year survival rate of 99 percent. However, in later stages, this rate plummets to just 28 percent.
Common mistakes leading to misdiagnosis or late diagnosis include:
- Failure to recognize and investigate symptoms
- Failure to properly assess test results or run the correct tests
- Failure to appropriately follow-up with patients regarding test results and further treatment
- Misreading mammograms, biopsies, x-rays, and other radiology or lab tests
- Ignoring a patient’s concerns and requests
- Failure to consider family history of breast cancer with reported symptoms
Diagnosing breast cancer can present significant challenges, necessitating doctors to conduct multiple tests upon the reporting of symptoms. However, controversies arise in the interpretation of lab and mammogram results, occasionally leading even experts to overlook critical data. In cases where a doctor solely relies on a single test or mammogram, this may constitute medical negligence, particularly if additional symptoms are reported but not thoroughly investigated.
Commonly Misdiagnosed Conditions
Doctors also mistake cancer for other conditions. Common misdiagnoses include:
- Fibrocystic Breast Disease: Another name for this condition is fibrocystic breast. It causes lumpy or rope-like breast tissue. It usually is benign but often uncomfortable, causing pain and breast tenderness in patients. Doctors may mistake cancerous tumors for these benign lumps.
- Mastitis: Mastitis is breast tissue inflammation. It can occur due to a blocked milk duct or other breast infection. Mastitis resembles inflammatory breast cancer, which does not produce lumps. Symptoms include firmness, itchiness, and tenderness, which can also resemble cancer.
Both fibrocystic breast disease and mastitis are frequently encountered conditions, and they could indeed represent accurate diagnoses. However, it is crucial to remain vigilant and monitor for any emergence of new symptoms. Should such symptoms manifest, it is imperative to promptly report them to your doctor for immediate assessment. Failing to address these new symptoms in a timely manner could potentially give rise to a medical malpractice claim if a future diagnosis of breast cancer arises.
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Breast Cancer Over diagnosis
Additionally, there are situations where patients are diagnosed with breast cancer when they actually have a benign condition.
As many as 31 percent of breast cancer cases are over diagnosed. This can have devastating consequences, as patients may undergo unnecessary cancer treatments such as invasive surgery, radiation, chemotherapy, and even unnecessary mastectomy. Consequently, patients may suffer from long-term health effects resulting from the side effects of these treatments.
These instances also constitute medical negligence and malpractice, as they can lead to significant harm. Similar to misdiagnosis cases, over diagnosis often stems from misinterpreted lab and mammogram results, prompting doctors to pursue an aggressive yet unnecessary treatment plan.
What Can Cause a Delayed Breast Cancer Diagnosis?
Delayed diagnosis is when breast cancer patients wait more than 90 days between their first report of a breast issue and the diagnosis. Reasons for these delays include:
- Confusing cancer with a benign condition or breast cysts
- Misread mammography and/or test results
- Errors during a breast biopsy
- Failure to consider patient’s symptoms and complaints
In these cases, medical providers had many opportunities to discover breast cancer but failed to do so. Many patients find lumps in their breasts mere months after clean a mammography result and consult with us because the radiologist should have seen cancer before they did. This scenario becomes common because mammograms are not perfect, and sometimes, radiologists do not operate them correctly. Some patients may even receive mammograms for years without any alarming evidence arising on them.
If you or a loved one has encountered a breast cancer misdiagnosis, we encourage you to arrange a complimentary consultation with a seasoned attorney at William Pager Law
How to Avoid Breast Cancer Misdiagnosis
Patients typically uncover misdiagnoses by remaining vigilant with preventive care. These identical strategies not only help prevent misdiagnoses but also keep you informed in case you suspect malpractice. Key measures include:
- Perform regular self-breast exams every month
- Stay current on routine annual screenings, even if you do not show symptoms
- Be aware of any changes in your breasts and report them to your doctor immediately
- If you suspect breast cancer, seek out a doctor who specializes in its detection and treatment
Remaining proactive with your health not only helps in avoiding misdiagnoses but also ensures you stay attuned to any symptoms and alert to potential errors in diagnosis by medical professionals. Establishing a baseline through regular mammograms and exams allows you to recognize deviations from your norm more easily. This familiarity empowers you to advocate for thorough examinations when necessary, which can be pivotal in validating your concerns should your doctor overlook or inaccurately assess your condition.
Localized breast cancer can swiftly progress within a matter of months, compromising your five-year survival prognosis if left untreated. Therefore, if you harbor suspicions of misdiagnosis, prompt action is paramount. Seeking follow-up care and soliciting a second opinion promptly can be instrumental in ensuring timely intervention and accurate diagnosis, potentially altering the course of your prognosis.
When Should I Contact a Breast Cancer Misdiagnosis Lawyer?
If you or a loved one experience any of the following scenarios, it is crucial to reach out to a breast cancer misdiagnosis lawyer:
- You discover a breast lump or abnormalities after receiving regular mammograms and other preventive care that did not detect it.
- Your doctor refuses to run necessary tests, and later, another doctor diagnoses you with breast cancer.
- You experience a delayed breast cancer diagnosis because your doctor initially diagnoses you with a benign condition.
- You develop a benign condition that is diagnoses and treated as breast cancer.
- Any situation where you suspect a doctor missed or delayed a breast cancer diagnosis
You should schedule a consultation as soon as possible if you encounter these situations. The statute of limitations for medical malpractice in New York is two years and six months. This clock starts counting down on the earlier of:
- The date when you know or reasonably should have known of your doctor’s negligent misdiagnosis; or
- Your last breast cancer treatment date
When you contact a medical malpractice attorney, they will review your medical records to find irregularities in treatment and diagnosis of this type of cancer. They may consult with experts to see if your doctor took a reasonable course of action or if they were careless and negligent with diagnosing you. This review helps establish whether your doctor violated their duty of care to the extent that you incurred damages.
Once we establish you have a personal injury claim, we determine your damages. Damages victims can recover through a medical malpractice lawsuit include:
- Medical bills including specialist fees, rehabilitation costs, chemotherapy and radiation expenses, and in wrongful death cases, final illness costs
- Employment impacts including lost wages, loss of future income, or loss of support
- Non-economic damages, especially pain and suffering and emotional anguish in injury cases, and loss of companionship and emotional distress in wrongful death cases.
Medical malpractice cases are often complex and mentally agonizing. However, you do not need to go through this ordeal on your own. Instead, talk to a medical malpractice attorney at William Pager Law Firm.
Why Choose The William Pager Law Firm?
For over 23 years, The William Pager Law Firm has distinguished itself through a steadfast commitment to actively listen to and thoroughly understand the experiences of our clients. Our dedication to aggressively seeking just and appropriate compensation for those injured in New York is unwavering.
- Empathetic Listening: We prioritize your recovery, ensuring empathetic listening and maintaining clear, consistent communication to effectively advocate on your behalf.
- Pressure Alleviation: Trust us to lift the burden off your shoulders. We meticulously gather every detail of your case and skillfully negotiate with insurance companies, so you can focus on healing.
- Strategic Advocacy: Our approach to your case and representation is never casual but always intentional and strategic, tailored to meet your needs through our extensive experience.
- Unyielding Commitment: Our drive doesn’t fade with fatigue; we persevere until we achieve the desired outcome.
Concentrate on your recovery; let The William Pager Law Firm handle the rest, ensuring your voice is heard and your rights are protected.