Missed Diagnosis of Breast Cancer? your Legal Options

There are few things more frightening than finding out that you or a loved one has breast cancer. Finding out that it had gone undetected or misdiagnosed by a skilled medical professional can be devastating. In these situations, a tumor that could have been treated with early detection may prove fatal.

According to the National Cancer Institute, in 2007 an estimated 178,480 new cases of breast cancer in women will be reported and approximately 40,460 women will die from breast cancer. After skin cancer, it is the most common type of cancer in women.

Disease Development

Breast cancer develops when the body manufactures and retains unneeded blood cells. These cells collect in various tissues of the breast, eventually forming a mass called a tumor. Tumors can be benign (not cancerous), or malignant (cancerous).

Malignant tumors, if not detected early, can spread into surrounding tissue, damaging that tissue and nearby organs. Cancerous cells can also break off from the tumor in the breast and enter the blood stream. When this happens, new tumors can form anywhere else in the body.

Breast cancer develops over stages, which correspond to the severity of the cancer. Stage 1 is the earliest stage, when the cancer has not spread from the breast area and the tumor is relatively small. The cancer progresses through Stage 4, where the tumor has spread to other parts of the body and is likely to be lethal.

Treatment methods and success rates vary depending on the stage of the cancer’s development. If it’s detected at the earlier stages, the woman is more likely to be able to spare the breast and lymph nodes under the arm. At later stages, the breast and lymph nodes may have to be removed. Women with Stage 4 cancer may be treated to prevent the further spread of cancer, but generally cannot be cured.

Importance of Early Detection

Thanks to advances in medical technology and a growing understanding of cancer, medical professionals are able to detect breast cancer in the early stages. They can also recognize certain factors that may increase a woman’s risk of developing breast cancer. A health plan can be developed which involves preventative measures and frequent mammograms.

Because cancer is very difficult to treat once it has spread, early detection is essential in combating it. Utah medical malpractice firm G. Eric Nielson & Associates handled a case where a woman’s doctor misdiagnosed her breast cancer as a cyst and failed to perform tests to verify. Once the cancer was detected, it was no longer treatable.

In situations like this, where doctors either fail to diagnose breast cancer or treat it negligently, there may be legal options available. If a doctor misdiagnoses breast cancer by falling below the appropriate standard of care, there may be an issue of medical negligence. Where a doctor fails to follow up when suspecting breast cancer, it may be considered medical malpractice.

In these situations, a doctor may be liable for a number of costs:
· Treatment costs
· Future medical expenses
· Loss of quality of life
· Pain and suffering
· Wrongful death

Obtaining compensation for your medical bills, or the pain and suffering associated with misdiagnosis, is possible through a skilled medical malpractice attorney. Because the medical field is complex, medical malpractice is a sophisticated area of the law.

Medical malpractice firms like Salt Lake City’s G. Eric Nielson & Associates are familiar with the terminology and processes needed for a successful medical malpractice claim.




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