Damages for Failure to Diagnose Breast Cancer

Breast cancer is one of the most common cancers affecting women, and early detection is critical for successful treatment. When doctors fail to promptly and accurately diagnose breast cancer, however, it can require more aggressive treatment, lead to a worsened prognosis, and, in some cases, is ultimately fatal. Many people harmed by such oversights will ultimately pursue medical malpractice claims against their providers, and the recoverable damages for failure to diagnose breast cancer can be significant. If you or a loved one sustained injuries due to a doctor’s omissions, it is in your best interest to talk to an attorney about what compensation you may be owed. The assertive Baltimore medical malpractice attorneys of Arfaa Law Group understand the devastating impact that delayed breast cancer diagnoses can have, and if we represent you, we will fight tirelessly on your behalf.

When physicians do not recognize the signs of breast cancer, neglect to order appropriate diagnostic tests, misinterpret mammograms or other test results, and ultimately fail to diagnose breast cancer, they may be liable for medical malpractice.

In Maryland, plaintiffs must prove several elements to recover damages for failure to diagnose breast cancer. First, they must establish that the defendant owed them a duty. The duty owed is to follow the standard of care, meaning they must provide treatment that meets or exceeds what a reasonably competent healthcare professional would offer under similar circumstances.

Second, the plaintiff must show that the provider breached this duty by failing to adhere to the standard of care. Finally, the plaintiff must prove that the breach caused their injuries—specifically, that the delayed diagnosis led to harm that would not have occurred if the cancer had been diagnosed and treated earlier.

Damages for failure to diagnose breast cancer can be substantial, particularly because delayed treatment often means the cancer has advanced to a more serious stage. Plaintiffs may seek both economic and non-economic damages. Economic damages include the financial costs associated with the harm, such as medical bills for more extensive surgery, chemotherapy, radiation, and other treatments that would not have been necessary had the cancer been diagnosed earlier. Plaintiffs may also recover compensation for lost wages if their ability to work has been affected by the cancer or its treatment, as well as for the cost of future medical care.

Non-economic damages are intended to compensate for the more intangible losses that victims suffer as a result of the delayed diagnosis. These may include pain and suffering, emotional distress, and loss of enjoyment of life. Breast cancer treatment can cause significant physical and emotional pain, particularly when more aggressive interventions are required due to the delayed diagnosis. The emotional toll of coping with a cancer diagnosis and undergoing treatment is often profound, and non-economic damages can provide compensation for these hardships.

Tragically, in some cases, the failure to diagnose breast cancer leads to the patient’s death. When this occurs, surviving family members may file a wrongful death claim. Damages for failure to diagnose breast cancer in wrongful death cases may include compensation for funeral and burial expenses, loss of financial support, and loss of companionship. It is important to note that under Maryland law, only certain family members, including spouses, parents, and children, can file a wrongful death claim and seek damages for the emotional and financial toll of losing a loved one.

A missed or delayed breast cancer diagnosis can have life-altering consequences, and damages for failure to diagnose breast cancer can provide necessary treatment and financial support during times of hardship. If you or a loved were hurt by a delayed diagnosis, you should confer with an attorney to determine your options. The capable Baltimore medical malpractice attorneys of Arfaa Law Group can evaluate your harm and advise you on what measures you can take to protect your interests. We regularly represent victims of medical malpractice in Baltimore, where our office is located. You can contact us at 410-889-1850 or fill out our online form to schedule a meeting.