Free Case Evaluation

Breast cancer, like any form of cancer, is a progressive disease. Experts say that diagnosing cancer in its early stages gives patients a better chance at recovery. However, not all cancers may be detectable in the very early stages. So, how do you know if your misdiagnosis affected you adversely?

Dan Hodes, an attorney who specializes in breast cancer misdiagnosis and delayed diagnosis cases provided some insight. “Understand that undiagnosed and untreated breast cancer is invariably a progressive disease. So any period of delay is not good. From the standpoint of a possible case, it would be incumbent upon the plaintiff to prove that the period of delay was of sufficient length so as to have impacted negatively on either prognosis or treatment.”

“So, if I’m looking at a breast cancer case, if there’s a delay of six months or more, that is likely consequential. I’ve actually handled cases involving delays of less than that, which involve higher grade cancers. As a general rule, I would say that six months and beyond probably would impact significantly on treatment and prognosis.”

Are there different considerations if a doctor misdiagnoses cancer that is in Stage I versus Stage IV?

Breast cancers are assigned stages from one to four – one being the earliest stage and four being the most advanced. We asked Attorney Hodes whether misdiagnosis or delayed diagnosis at an earlier stage (when the patient may have had a better chance for recovery) differed from those diagnosed at a later stage (where certain forms of treatment might not be as effective). He responded, “If a woman has been diagnosed with a Stage III or IV breast cancer, the question becomes, ‘what stage was she likely at when the diagnosis should have been made?’ This requires a retrospective analysis of the course of prior examinations and imagining studies, along with a thorough understanding of the extent of the disease at diagnosis.”

Does the extent of the delay of the misdiagnosis affect damages?

The extent of the delay of the misdiagnosis does affect the damages. According to Hodes, “The longer the period of delay, the worse the prognosis as a rule. If the diagnosis should have been made when a woman had Stage I disease, and she’s actually diagnosed at Stage IV, damages would include the cost of additional treatment – both past and future, or the emotional trauma occasioned by the delay and any earnings loss suffered.”

Cancer misdiagnosis and delayed diagnosis are serious medical malpractice cases that shouldn’t be left to a general practice attorney. Attorneys who specialize in these types of cases better know what to look for and how to react. To contact an attorney near you, click here.