Breast cancer is one of the most prevalent cancers affecting women worldwide. As such, it is recommended that women undergo routine breast cancer screenings. Even if women comply with the screening guidelines, that does not ensure that any malignancies will be accurately identified, however, as it is not uncommon for a doctor to deliver a breast cancer misdiagnosis to a patient. Such errors can result in over- or under-treatment, which can damage a patient’s health and cause undue stress for patients. Fortunately, the law allows people harmed by improper diagnoses to pursue medical malpractice claims against the careless doctors who caused their harm. If you suffered losses due to an incorrect breast cancer diagnosis, you may be owed compensation, and you should talk to an attorney as soon as possible. The Baltimore medical malpractice attorneys of Arfaa Law Group are well-informed on what it takes to prevail in cases against reckless physicians, and if we represent you, we will advocate zealously on your behalf.
Conditions That Commonly Cause a Breast Cancer MisdiagnosisSeveral conditions can mimic the symptoms or characteristics of breast cancer, leading to misdiagnosis. Such conditions include fat necrosis, fibroadenomas, and cysts, which can sometimes resemble cancerous tumors on imaging tests.
On the other hand, breast cancer can be misdiagnosed as a benign condition in some cases. For instance, aggressive forms of breast cancer, such as inflammatory breast cancer, may initially be mistaken for infections due to similar symptoms like redness and swelling. Moreover, certain types of breast cancer, like lobular carcinoma in situ (LCIS), can be challenging to distinguish from benign breast conditions without a biopsy.
A breast cancer misdiagnosis can lead to significant issues, including delayed initiation of treatment, progression of the disease to advanced stages, and potentially poorer outcomes for the patient. Furthermore, misdiagnosis can cause emotional distress and anxiety for patients and their families, as they may undergo unnecessary procedures or treatments or experience uncertainty regarding their prognosis.
Elements of a Lawsuit Arising Out of a Breast Cancer MisdiagnosisDespite the numerous screening techniques that exist for diagnosing breast cancer, it is not uncommon for a breast cancer diagnosis to occur. Such errors can arise due to mistakes in the interpretation of imaging studies, insufficient sampling during biopsy procedures, or inadequate follow-up of suspicious findings.
Regardless of the specific factors that lead to a breast cancer misdiagnosis, the underlying cause is usually carelessness. Thus, a plaintiff seeking damages for such a misdiagnosis in a medical malpractice lawsuit will usually assert a negligence claim against the defendant.
In Maryland, to establish liability on a theory of negligence, the plaintiff must show that the defendant owed them a duty and that the defendant breached the duty owed. The duty a doctor owes a patient is to offer treatment in accordance with the standard of care, which is the care that a reasonable practitioner working in the same practice area would render in a similar scenario. Any acts or lapses that fall outside of the standard of care generally constitute a breach.
After showing the defendant breached the standard of care, the plaintiff must show that they sustained quantifiable harm and then connect the defendant’s breach to said harm, demonstrating causation and damages. The plaintiff does not need to show that the defendant’s actions were the only cause of the plaintiff’s harm, merely that they were a substantial factor in bringing them about. In most cases, expert testimony is needed to explain the standard of care to the fact finder and to illustrate how the defendant breached the standard, thus causing the plaintiff harm.
Confer With a Skillful Baltimore AttorneyBreast cancer is one of the leading health concerns impacting women, but many other conditions can mimic breast cancer, and inaccurate diagnoses are unfortunately common. If you were harmed by a breast cancer misdiagnosis, it is wise to confer with an attorney about what measures you can take to protect your interests. The skillful Baltimore lawyers of Arfaa Law Group can examine the circumstances surrounding your harm and gather any evidence in your favor. Our office is located in Baltimore, and we routinely represent parties in medical malpractice claims throughout the city. You can contact us at 410-889-1850 or through our online form to arrange a meeting.