New York Breast Cancer Malpractice Lawyers

Advocating for Victims of Breast Cancer Misdiagnosis and Medical Negligence

According to the Centers for Disease Control and Prevention (CDC), breast cancer is one of the most common forms of cancer in women, second only to some forms of melanoma (skin cancer). Data compiled by Breastcancer.org estimate that as many as one in eight women will develop breast cancer in their lifetime, and there will be approximately 276,480 new breast cancer cases diagnosed in the U.S. this year (2020). This is in addition to an estimated 48,530 cases of non-invasive breast cancer. While breast cancer death rates have remained steady and, in some cases, dropped (in women over 50) in the U.S. over the past decade, breast cancer can still be incredibly harmful and potentially life-threatening if it is not detected and treated early.

Sadly, many cases involving delayed diagnosis and treatment of breast cancer are the result of medical negligence. When healthcare professionals fail to uphold the accepted standard of care and, as a result, fail to diagnose breast cancer, patients can suffer severe and even fatal consequences.

If this happened to you or someone you love, turn to Simonson Goodman Platzer PC. For decades, our New York breast cancer malpractice attorneys have been fighting for the rights of medical negligence victims, seeking justice for them and for their families. We are prepared to guide you through the legal process from start to finish.

Call Simonson Goodman Platzer PC today at (800) 817-5029 or contact us online to schedule a meeting with our breast cancer malpractice attorney in New York!

What is Breast Cancer Malpractice?

Breast cancer malpractice refers to situations where a healthcare provider, such as a doctor, nurse, or hospital, fails to meet the standard of care expected in the diagnosis, treatment, or management of breast cancer, resulting in harm or injury to the patient.

This type of medical malpractice can take various forms, including:

• Misdiagnosis: This occurs when a healthcare provider fails to correctly identify breast cancer when it is present or wrongly diagnoses it as another condition. Misdiagnosis can lead to delayed treatment, allowing the cancer to progress to a more advanced stage.
• Delayed diagnosis: In some cases, a healthcare provider may correctly diagnose breast cancer but fail to act promptly, leading to a delay in treatment. Delayed treatment can result in a worse prognosis for the patient.
• Surgical errors: Surgical malpractice related to breast cancer can involve mistakes made during breast cancer surgeries, such as mastectomy or lumpectomy. Errors may include removing the wrong breast, damaging nearby structures, or failing to remove all cancerous tissue.
• Medication and treatment errors: This category encompasses errors in prescribing, administering, or monitoring medications or treatments for breast cancer. It can include administering the wrong dosage, using the wrong drugs, or failing to monitor the patient's response to treatment adequately.
• Inadequate follow-up and monitoring: After breast cancer treatment, regular follow-up and monitoring are crucial to ensure the cancer does not return. Malpractice can occur if healthcare providers do not perform necessary follow-up tests or fail to detect cancer recurrence promptly.
• Informed consent issues: Breast cancer malpractice can also occur when healthcare providers fail to obtain informed consent from the patient before treatment or fail to provide adequate information about the risks, benefits, and alternatives of treatment options.

Proving Negligence in Breast Cancer Malpractice Claims

To succeed in a medical malpractice claim involving breast cancer, you generally need to prove specific elements that demonstrate the healthcare provider's negligence or breach of the standard of care.

These elements include:

1. Duty of Care: You must establish that the healthcare provider owes you a duty of care. In the case of breast cancer, this means showing that a doctor-patient relationship existed, and the healthcare provider had a responsibility to provide competent care.
2. Breach of Standard of Care: You must demonstrate that the healthcare provider breached the standard of care. This involves showing that the provider's actions or decisions deviated from the accepted medical practices that other competent healthcare providers in the same field would have followed under similar circumstances. Expert medical testimony is often required to establish this breach.
3. Causation: You need to establish a direct link between the healthcare provider's breach of the standard of care and the harm or injury you suffered. In the context of breast cancer, this means showing that the negligence directly led to a worse outcome, such as a delayed diagnosis, unnecessary procedures, or an adverse treatment outcome.
4. Harm or Damages: To have a viable medical malpractice claim, you must prove that you suffered actual harm or damages due to the healthcare provider's negligence. These damages may include physical pain, emotional suffering, additional medical expenses, lost income, and other tangible losses.

Symptoms of Breast Cancer

There are several different types of breast cancer, and the symptoms vary somewhat from type to type.

That being said, breast cancer symptoms often take the following forms:

• A noticeable lump located in the breast
• Tissue that has thickened or feels different from surrounding tissue
• Changes in breast size, shape, or appearance
• Changes to the nipple, including new inversion
• Skin issues, such as dimpling, peeling, flaking, redness, or scaling skin on the breast or on/around the nipple

If you notice anything unusual, schedule an appointment with your doctor. Your doctor should perform an evaluation and, from there, may order additional tests or refer you to a specialist. If your doctor does not believe you need further testing or treatment, do not hesitate to get a second opinion.

Healthcare providers should be aware of the signs and symptoms of breast cancer, including less common symptoms. While certain factors may increase a person’s risk of developing breast cancer, doctors should not rule out breast cancer in patients who do not exhibit these warning signs.

Unfortunately, healthcare providers fail to diagnose breast cancer all too often. They may fail to order necessary tests or misread test results. Additionally, a radiologist or pathologist may act negligently, leading to lab results and analysis mistakes or missed signs of cancer.

Women with dense breasts have always been at risk for false-negative mammograms and delayed diagnosis of cancer. One study found that in women with dense breasts, adding simple breast ultrasound to annual screening can find almost 30% more cancers than mammograms alone. Of note is that ultrasound uses high-frequency sound waves rather than radiation to image the inside of the breast, so adding this test does not increase radiation exposure.

The key to fighting invasive and potentially lethal breast cancer, as well as other cancers, is finding it before it spreads to lymph nodes. Properly read mammograms and ultrasounds can help to make an early, life-saving, and perhaps breast-saving diagnosis.

If you believe that you or your loved one suffered because a medical professional failed to diagnose breast cancer timely or as a result of misdiagnosis, we can help.

Contact Our New York Breast Cancer Malpractice Attorneys Today

Medical malpractice and negligence are never acceptable, especially when it involves misdiagnosis or failure to diagnose breast cancer, leading to serious complications, injuries, or death. At Simonson Goodman Platzer PC, we fight to hold negligent medical providers accountable for the harm they cause and work to recover the rightful compensation victims and their loved ones are owed.

Over our decades in practice, we have successfully handled 98% of the cases we have taken on, and, to date, our attorneys have recovered more than $200 million for our clients. We understand the challenges you and your family face and are ready to fight for the justice you deserve.

Contact Simonson Goodman Platzer PC today to schedule a meeting with our breast cancer malpractice lawyer in New York!