When hiring an attorney to represent you in a breast misdiagnosis or delayed diagnosis case, there are certain things to look for, such as experience, use of experts and their ability to explain the process (good AND bad) in no uncertain terms. We asked Dan Hodes, an attorney with decades of experience in these matters, to provide insight. Here’s what he said.

Experience

I think it’s important to know that attorney’s level of experience in handling cases like this because they are medically complex and requires an ability to interact with different experts in various fields. I think a prospective client ought to know that this lawyer’s handled many of these cases in the past.

A larger percentage of medical malpractice cases go to trial than most other types, so I think it’s important that a prospective client know that this particular lawyer has an extensive track record at trial.

There’s an organization called the American Board of Trial Advocates (ABOTA) that confers membership only to those that have tried certain numbers of cases and have distinguished themselves as upstanding in the community. You’d want an ABOTA member who specializes in these types of cases.

Use of experts

Depending upon the circumstance of the case, I’ll use an OB/GYN, a radiologist specializing in breast imaging and a breast oncologist. It’s typically a combination of experts.

Explaining the process

What I typically ask for is a detailed chronology of the events from the client, even by way of e-mail if that’s easiest. I’ll respond by saying, yes, I’d like to take a further in-depth look at this, or no, I don’t think you have a case.

If it’s “yes”, I would ask that they collect up their records and obtain their mammograms and slides and forward them to me. Again, I’ll then carefully look at them myself, often in consultation with an expert, and I’ll have some general sense as to whether I think I can be of assistance to them. That’s a process that takes probably 30 to 60 days or so to complete. If I’m convinced following a thorough review, that there was an unexcused delay in diagnosis, and that the delay was of consequence, then I would take that case on a contingency basis.

Get the facts

Having breast cancer misdiagnosed or diagnosed too late can mean the difference between life and death. Make sure you have the representation of an attorney whose practice specializes in these types of cases and have him or her explain their process, use of experts and experience to your satisfaction. To contact an attorney near you, click here.