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When you’ve been diagnosed with breast cancer, you’re probably in a state of shock. Rightfully so. It’s a devastating discovery. When you feel as though you’ve been misdiagnosed or not diagnosed in a timely manner, there are certain things that you should and should not do. Read on…

We asked Attorney Dan Hodes, who has specialized in breast cancer misdiagnosis and delayed diagnosis cases for many years, to give advice on some of the dos and don’ts. Here’s what he said, “Dos: Get appropriate treatment; that is the most important thing. Once that is at least underway, or at least there’s a plan for that, then I think it would be wise to collect up records and mammograms - ideally, get original pathology slides and to submit them to a lawyer that is well-versed in these types of cases. Don’ts: Don’t wait to contact an attorney as the statute of limitations in California is essentially one year, though the statute is more complex than that.”

Do: Get your records

Once you have sought appropriate treatment, it’s time to set the record straight. To do that, you have to get hold of your records to see who did or knew what – and when. We asked Attorney Hodes to comment on when to obtain records and whether he has seen medical personnel alter records to avoid liability. “It’s best to have the patient herself obtain a copy of those records. I will have the prospective client obtain the records herself and I will look at them carefully. If it’s something that we would have a high level of interest in, we will then ourselves obtain those same records. On occasion, you’ll find that there is a discrepancy between that which the patient obtains and that which we obtain.”

Don’t: Miss the statute of limitations

This is a big don’t according to Hodes. “In California, the statute of limitations requires that an action be commenced within one year of the date a person knew, or had the means to know, that they suffered injury or damage as the result of malpractice AND within three years of the date of ‘injury’ itself. As a practical matter, a woman should consult with a lawyer just as soon as is practical following diagnosis to assure that any case is commenced in a timely manner. Filing a case more than one year after the diagnosis poses a risk that the statute of limitations will be raised by the defense as a means to dismiss the case.”