Breast Cancer Lawyer 

Breast Cancer Lawyer 

Did you suffer from a breast cancer misdiagnosis or breast cancer that was incorrectly diagnosed by a healthcare professional?

A breast cancer misdiagnosis can be traumatic and result in severe consequences like delays in life-saving treatment, particularly if the cancer spreads or other complications occur due to a misdiagnosis.

Working with our team of Chicago Medical Malpractice Lawyers is the first step towards getting compensation for your pain.

We’ll work with you to assess your case and the circumstances surrounding it and advise you on all available legal options.

Our attorneys understand misdiagnosed breast cancer cases and will take on every aspect of your claim, ensuring that your needs and those of your loved ones will be taken care of in a timely fashion. 

Breast Cancer Misdiagnosis Claims: Do You Need A Breast Cancer Lawyer?

Yes, breast cancer can be misdiagnosed.

Breast cancer misdiagnosis is one of the most frequent reasons for medical malpractice lawsuits against physicians. 

Around 31% of breast cancer diagnoses involve precancerous cells that do not cause clinical issues or endanger the patient’s life.

Yet, women diagnosed with breast cancer, due to the presence of precancerous cells, wind up receiving treatment—that can include removal of some or all of the breast, chemotherapy, and radiation—that they do not need. 

In contrast, 16% of breast cancers are missed by routine screening procedures, leaving a patient’s condition to potentially worsen due to not being treated.

Misdiagnosis of breast cancer can occur in several circumstances, including these examples:

• False Positive. A diagnosis of breast cancer when the patient does not actually have it. This can happen due to benign conditions like cysts or fibroadenomas that can appear suspicious on imaging studies like mammograms.

• False Negative. When breast cancer is present but not detected. This can occur if the tumor is too small to be detected, if it is obscured by dense breast tissue, or if the imaging or biopsy missed the cancerous cells.

• Misclassification. Incorrectly identifying the type or stage of breast cancer. For example, invasive cancer might be classified as non-invasive, or a more aggressive type might be mistaken for a less aggressive one.

Several factors contribute to these misdiagnoses, including limitations of imaging technology, human error in interpretation, and atypical presentations of the disease. 

To reduce the risk of misdiagnosis, it’s important to seek second opinions, utilize multiple diagnostic methods (e.g., diagnostic mammogram, ultrasound, MRI, biopsy), and consult with specialists.

If you think you were misdiagnosed or that your breast cancer was incorrectly diagnosed and you may have a legal claim to compensation, consult a breast cancer misdiagnosis lawyer in your area.

Chicago Breast Cancer Lawyers 

We’re a Chicago-based wrong diagnosis law firm specializing in medical malpractice with extensive experience representing clients in cases involving breast cancer diagnosis and diagnosis errors and associated harms or damages. 

We have successfully litigated numerous cases where patients suffered harm due to false or incorrectly diagnosed breast cancers and related complications, securing compensation for medical expenses, lost wages, and pain and suffering. 

Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for their clients’ rights. 

We focus on clients in Chicago, Illinois, and the surrounding areas. 

Some examples of our medical malpractice lawsuit cases we’ve handled include settlements of $1.25 million for an undisclosed negligent failure.

How Common Is Breast Cancer Misdiagnosis?

The exact frequency of breast cancer misdiagnosis varies, but it is recognized as a significant issue. 

For instance, studies have found that false positives in mammography screening occur in about 7% to 12% of cases.

What’s more, more than 50% of women who have annual mammograms will receive at least one false positive result over a ten-year period.

On the other hand, false-negative rates in mammography are estimated to be between 10% and 30%.

This indicates that some breast cancers are missed during screening, particularly in women with dense breast tissue.

Overall, the misdiagnosis of breast cancer occurs in about 5% of outpatient settings, according to a study published in the Journal of the American Medical Association (JAMA).

That same study found that breast cancer diagnosis errors, such as the misclassification of the type or stage of breast cancer can also occur, though specific statistics on this type of error are less commonly reported.

Efforts to reduce misdiagnosis and early detection of breast cancer include improving imaging technology, enhancing the training and experience of radiologists, implementing double-reading practices (where two radiologists independently review imaging results), and increasing awareness of the limitations of current diagnostic methods.

Why Is Breast Cancer Misdiagnosis So Serious?

Breast cancer misdiagnosis is serious because delayed treatment allows the disease to progress, reducing the chances of successful intervention with devastating consequences.

In addition, unnecessary treatments based on false positives can cause significant physical and emotional burdens. 

Misdiagnosis of breast cancer can also lead to severe psychological distress, whether from believing one has cancer or from discovering it was missed. 

Increased financial strain also arises from both unnecessary treatments and the increased costs of addressing advanced cancer. 

An accurate and timely diagnosis is crucial to improve survival rates and ensure efficient use of healthcare resources and treatment options.

What Is Breast Cancer Misdiagnosis?

Breast cancer misdiagnosis occurs when there is an incorrect assessment related to the presence, type, or stage of breast cancer.

It includes:

• False Positives. Diagnosing a patient with breast cancer when they do not actually have the disease.

• False Negatives. Failing to detect breast cancer when it is present, leading to delayed treatment.

• Misclassifications. Incorrectly identifying the type or stage of breast cancer, which can affect treatment decisions.

Misdiagnosis can arise from limitations in imaging technology, doctor fails, human error in interpreting test results, failed breast examinations, or atypical presentations of the disease.

How Could A Doctor Not Diagnose Breast Cancer?

A doctor might misdiagnose breast cancer due to limitations in imaging technology, such as mammograms missing tumors obscured by dense breast tissue. 

Human error in interpreting test results can also lead to misdiagnosis, where benign conditions like cysts are mistaken for cancer or cancerous lesions are overlooked. 

Atypical presentations of breast cancer can complicate diagnosis, making it harder to identify.

Inadequate sampling during a biopsy might miss cancerous cells, resulting in a false negative. 

Breast cancer symptoms or communication errors and lack of thorough follow-up on abnormal test results can further contribute to misdiagnosis.

What Are The Signs Of Breast Cancer Misdiagnosis?

The signs of a breast cancer misdiagnosis can include symptoms persisting or worsening despite treatment, suggesting that the initial diagnosis may have been incorrect.

Inconsistencies between biopsy results and imaging studies, such as mammograms or MRIs, might also indicate a misdiagnosis. 

A second opinion that significantly differs from the original diagnosis is a strong red flag.

Additionally, undergoing severe side effects from unnecessary treatments, such as surgery or chemotherapy, due to a false positive can highlight the possibility of a misdiagnosis or doctor’s failure.

What Happens If Breast Cancer Is Misdiagnosed?

A breast cancer misdiagnosis may lead to consequences that include but are not limited to:

• Delayed Treatment. If cancer is missed (false negative), the disease may progress, leading to more advanced stages that are harder to treat.

• Unnecessary Treatment. A false positive can result in patients undergoing unnecessary surgeries (including a full or partial mastectomy), chemotherapy, or radiation, which can cause physical and emotional harm.

• Psychological Impact. Patients may experience anxiety, stress, depression, and loss of trust in the healthcare system after receiving incorrect diagnoses. 

• Financial Burden. Misdiagnosis can lead to increased medical costs from unnecessary treatments or from the need for more aggressive therapies later on.

• Worsened Prognosis. Delayed or incorrect treatment can negatively affect survival rates and overall outcomes for patients.

What Are The Health Implications Of Breast Cancer Misdiagnosis?

Breast cancer misdiagnosis can lead to several significant health implications, including:

• Disease Progression. Delayed diagnosis can allow the cancer to advance to a more severe stage, making it harder to treat and potentially reducing survival rates.

• Increased Treatment Risks. Unnecessary treatments from false positives can expose patients to harmful side effects and complications without any benefit.

• Psychological Distress. Patients may experience anxiety, depression, and emotional trauma from the uncertainty of their health status and the impact of incorrect diagnoses.

• Compromised Trust. Misdiagnosis can lead to a loss of confidence in medical professionals (doctor patient relationship) and the healthcare system, affecting future care-seeking behavior.

• Long-Term Health Issues. Patients who undergo unnecessary interventions may face long-term physical complications, including chronic pain or other health issues resulting from treatment.

Can You Sue A Doctor For Not Finding Breast Cancer?

Yes, you can sue a doctor for not finding breast cancer if it can be demonstrated that their failure to diagnose the cancer was due to negligence.

To pursue a medical malpractice lawsuit, you typically need to prove the following:

• Duty Of Care. The doctor had a duty to provide a standard level of care to the patient.

• Breach Of Duty. The doctor breached this duty by failing to diagnose the cancer, which a competent doctor would have identified under similar circumstances.

• Causation. The breach directly caused harm to the patient, such as progression of the cancer to a more advanced stage.

• Damages. The patient suffered damages as a result of the misdiagnosis, which can include physical harm, emotional distress, additional medical costs, and loss of income.

Consulting with a breast cancer lawyer who practices in your area can provide guidance on the viability of a lawsuit based on the specifics of your case.

How Do You Prove A Breast Cancer Misdiagnosis Case?

Proving a breast cancer misdiagnosis case typically involves several key steps:

1. Gather Medical Records. Collect all relevant medical records, including imaging studies, biopsy results, and treatment histories.

2. Obtain Expert Opinions. Consult with medical experts, such as oncologists or radiologists, who can review the case and provide professional opinions on whether the diagnosis was appropriate based on the evidence.

3. Establish Standard of Care. Demonstrate that the primary care doctor, other health care professionals, or medical provider failed to meet the accepted standard of care, which could include inadequate testing, misinterpretation of results, or failure to follow up on abnormal findings.

4. Document Harm. Provide evidence of how the misdiagnosis negatively impacted the patient’s health, including delayed treatment, unnecessary procedures, or worsening prognosis.

5. Legal Representation. Work with a breast cancer lawyer experienced in medical malpractice cases to help navigate the legal process and build a strong case.

These steps can help establish a foundation for proving a breast cancer misdiagnosis in a legal context and helping you secure compensation for your pain and suffering.

For further reading, learn more about an average payout for cancer misdiagnosis.

Do I Need A Breast Cancer Lawyer?

Whether you need a breast cancer lawyer depends on your specific situation or case.

Here are some scenarios where seeking legal assistance might be beneficial:

1. Breast Cancer Misdiagnosis. If you believe you were misdiagnosed with breast cancer (either a false positive or false negative), leading to unnecessary treatment or delayed diagnosis and treatment, a lawyer can help you pursue a medical malpractice case.

2. Negligence. If there was negligence in your breast cancer treatment, such as failure to follow standard protocols, improper interpretation of diagnostic tests, or inadequate follow-up, a lawyer can assist in holding the responsible parties accountable.

3. Getting Compensation. If you have suffered physical, emotional, or financial harm due to a breast cancer misdiagnosis or negligence, a lawyer can help you seek compensation for medical expenses, lost wages, pain and suffering, and other damages.

4. Navigating The Legal Process. Medical malpractice cases can be complex and challenging to navigate. An experienced lawyer can guide you through the legal process, gather necessary evidence, consult with medical experts, and represent your interests in court or settlement negotiations.

If any of these scenarios apply to you, it may be worthwhile to consult with a breast cancer lawyer to understand your legal options and determine the best course of action.

Breast Cancer Misdiagnosis Malpractice Lawsuit FAQs

Get answers to your questions and legal issues about breast cancer malpractice lawsuits from our medical malpractice attorneys.

How Is Breast Cancer Misdiagnosis Proven In Malpractice Cases?

Malpractice cases involving any kind of incorrect diagnosis require certain evidence.

Typically, this involves demonstrating that the medical professional(s) involved failed to adhere to the accepted standard of care during the procedure. 

This failure is proven via expert testimony from oncologists or related specialists, medical record review to identify deviations from protocol, and the establishment of a clear causal link between the error and the resulting injury through medical analysis and documentation.

What Evidence Is Needed For A Breast Cancer Malpractice Lawsuit?

Some examples of key evidence in a breast cancer misdiagnosis lawsuit include medical records detailing the diagnosis and any associated procedures, any tests performed and the associated results, evidence of any complications, and subsequent treatments planned and performed. 

Expert testimony from oncologists or other relevant medical specialists is often critical for establishing the standard of care and identifying deviations. 

Documentation demonstrating the link between the error and the resulting injury, such as medical evaluations and patient testimony, also strengthens the case for negligence and damages.

Is There A Statute Of Limitations On Breast Cancer Lawsuits In Illinois?

Yes, there is a statute of limitations on breast cancer misdiagnosis lawsuits in Illinois.

Individuals unable to resolve their malpractice claim against the at-fault provider’s medical malpractice insurance policy can file the claim as a medical malpractice lawsuit, which is a formal request for a judge or jury to hear the case and make determinations about liability and compensation.

To protect this right, the claimant must file their lawsuit within two years of the date on which they knew or—through “reasonable diligence”—should have known they experienced an injury due to a medical error.

Even if there was a delay in determining the error occurred, claimants only have a maximum of 4 years from the date of the error to file a lawsuit.

There are some exceptions, however, such as claims involving minor children, in which parents or guardians of the child have up to eight years to file the claim, or the child is granted the ability to file the claim themselves within four years of reaching the age of majority (which means they must file the claim before their 22nd birthday).

While it seems like an arbitrary number, this deadline (known as the statute of limitations) is one of the most critical aspects of your claim.

Failing to file a lawsuit during this time frame will usually bar the claimant from using the court process to seek compensation for the expenses and impacts they incurred due to the error. 

If the statute of limitations has expired, the at-fault provider’s insurance company will likely refuse to compensate the claim as well, as they no longer face litigation if they do not.

What Kind Of Compensation Can I Expect From A Successful Breast Cancer Misdiagnosis Lawsuit?

In a successful lawsuit for a breast cancer misdiagnosis or similar claim, your compensation typically covers medical expenses related to treating the injury caused by the malpractice, including surgeries, rehabilitation, and ongoing medical care. 

Additionally, your compensation may include reimbursement for lost income due to the injury plus damages for pain and suffering endured as a result of the malpractice. 

The exact amount of compensation you may receive in a breast cancer misdiagnosis malpractice lawsuit is based on factors such as the severity of the injury, the impact on you or the patient’s life, and applicable laws in your jurisdiction.

How Can A Medical Malpractice Lawyer Assist Me With A Breast Cancer Misdiagnosis Claim?

Being diagnosed with and treated for breast cancer can be traumatic — and so are medical malpractice claims. 

An experienced attorney who understands the legal process, the types of expenses and impacts you are dealing with, and the type of compensation needed to compensate those costs fairly is crucial to obtaining the compensation you need.

In addition to providing the guidance you need to make decisions that reflect your best interest, your attorney and their legal team can also offer services such as:

• Determining who was liable for the error.

• Establishing a value to the claim.

• Managing communication with the malpractice insurance provider.

• Negotiating a settlement that fairly compensates you for your injury.

• Gathering the evidence and eyewitness or expert witness needed to prove your claim in court.

• Litigation services pertaining to the representation of your case to a judge or jury.

• Assistance in obtaining the proceeds of your negotiated settlement or court award.

Find A Breast Cancer Lawyer In Chicago, Illinois

Did you or a loved one suffer from a breast cancer misdiagnosis, a false negative or a delayed breast cancer diagnosis, or similar issue that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced medical malpractice attorneys at Chicago Medical Malpractice Lawyers today.