Breast Cancer Attorneys Fighting Misdiagnoses

The Painful Truth about Breast Cancer Misdiagnosis

Talking to a doctor about your health can be difficult. Women often find themselves in conflict with medical practitioners, who often label their frustration as hysteria. Our breast cancer attorneys are here to represent you in a breast cancer misdiagnosis lawsuit, ensuring you have the support you need throughout the process.

The attorneys at Hodes Milman have amassed over 75 years of combined experience in representing victims of these cases. Contact us at (949) 640-8222 to discuss your options for justice.

“Dan Hodes Milman and Jacob Brender were exceptional in advocating for our family and obtaining a substantial award!

The process itself was complicated, but Jacob and Dan thoroughly explained every step throughout the entire case, putting my mind at ease. This team not only fought for us but did so in a compassionate manner.

Thank you, Dan Hodes Milman and Jacob Brender. You have forever changed our lives for the better!”

– Joyce A.

Recognizing Risk Factors for Breast Cancer Misdiagnosis

Breast cancer diagnoses in women under 50 have been rising by more than 2% each year for the past five years, raising concerns among experts. Although the incidence remains low, about 49 cases per 100,000 women in 2019, it is a concerning trend. Furthermore, women under 40 tend to have lower survival rates than older women, with those in their 20s facing the greatest risk. Currently, breast cancer is the leading cause of cancer death among women ages 20 to 49 in the U.S.

Medical professionals may be hesitant to perform mammograms if you are under the age of 40. However, certain risk factors can increase the importance of early screening. These risk factors include:

• If your family has a history of breast cancer, you may be carrying the triple-negative breast cancer (TNBC), BRCA1, or BRCA2 gene mutations.
• People who identify as African American or Ashkenazi Jewish women are more likely to experience certain types of breast cancer.
• There is a family history of male breast cancer.
• Having dense breast tissue.
• You begin your first menstrual cycle before reaching the age of 12.
• If you become pregnant for the first time after turning 30, or if you are childless.

The High Cost of Medical Misdiagnosis

According to a Mayo Clinic study, over 20% of patients with serious conditions received a “distinctly different” diagnosis, prompting them to seek a second opinion. In addition to shortening a patient’s time for treatment, misdiagnosis can be lethal. Their condition may have time to worsen or spread, which could limit their treatment options.

Inaccurate diagnoses harm patients and create financial burdens for healthcare facilities. Misdiagnosis costs our healthcare system approximately $100 billion each year. These costs tend to stem from:

• Additional diagnostic testing
  
• Managing complications
  
• Medical malpractice lawsuits
  
• Unnecessary treatments
  

These unexpected additional costs can jeopardize the livelihood of the young women experiencing a lapse in care. When these women are unable to maintain work or income to finance their treatment, they are more likely to give up on their options entirely.

In the case of a breast cancer misdiagnosis, filing a lawsuit may be a woman’s only chance to receive the compensation necessary for her vital care. That’s why, if chosen as your counsel, we will do everything we can to help you hold negligent medical staff accountable.

How Do You File a Breast Cancer Lawsuit?

Misdiagnosis is one of the most common reasons medical malpractice occurs. With cancers, misdiagnosis can be devastating, easily resulting in death or permanent disability. Breast cancers are one such type of cancer where misdiagnosis can have catastrophic consequences. 

Filing a lawsuit for breast cancer misdiagnosis or delayed diagnosis can be a daunting process, especially for those unfamiliar with legal proceedings. To help, here is a breakdown of what to expect during a breast cancer lawsuit:

• Case Evaluation: Your legal team will review the details of your case to assess if there is evidence of medical negligence in your diagnosis or treatment.
• Collecting Evidence: This involves gathering medical records, diagnostic tests, and consulting with experts to establish the case’s foundation.
• Filing the Lawsuit: Your attorney will formally file a lawsuit on your behalf, which initiates the legal process.
• Discovery Phase: Both sides exchange information, including documents and testimonies, to build their cases.
• Negotiation and Settlement Talks: Many cases are resolved through settlement, where both parties agree to terms without going to trial.
• Trial: If a settlement isn’t reached, the case proceeds to court, where each side presents its evidence before a judge or jury.

Listen to Dan Hodes Breast Cancer Misdiagnosis Lawyer

In the podcast below, attorney Dan Hodes explains the sense of urgency in cancer misdiagnosis cases. No matter the type of cancer you may be suffering from, it’s important to contact an attorney to explore your legal options.

How Do Breast Cancer Misdiagnoses Happen?

Studies show that misdiagnosis is the most common and costly form of malpractice. Up to 12 million Americans receive incorrect diagnoses, and each year, diagnostic errors cause 750,000 of them to die or become permanently disabled.

Our Hodes Milman breast cancer attorneys may help you obtain justice for the pain and suffering caused by misdiagnosis. With over $200 million in verdicts and settlements returned to clients, we take pride in our work against medical malpractice.

If you or a loved one have experienced financial, physical, or mental anguish from a misdiagnosis, please contact us online or by phone at (949) 640-8222 to initiate the process. We provide our services on a contingency basis, meaning you won’t pay if we don’t win your case.

The most typical scenario that leads to a misdiagnosis or delayed diagnosis of breast cancer is a failure to recognize signs of the disease. This is usually during the interpretation of mammograms by a radiologist. 

The point of periodic screening mammograms is to detect breast cancer early. This gives the patient the best chance to recover from the disease with minimally harmful side effects. A radiologist typically interprets the images from a screening mammogram, looking for abnormalities that could potentially indicate the presence of cancer.

If something suspicious is seen, a follow-up diagnostic mammogram or ultrasound may be ordered to define the finding further. If the follow-up diagnostic mammogram or ultrasound also reveals suspicious findings, or if the previous findings are highly suspicious, we may order a biopsy. People widely rely on biopsies to provide a definitive diagnosis, as they entail collecting a tissue sample for lab interpretation.

However, follow-ups to determine the presence of cancer may not occur if a radiologist fails to identify a suspicious finding on a screening mammogram.

If there are repeated failures, this may add up to years of delay in treating the disease, potentially giving the cancer time to grow and spread.

As a result, the patient may require far more surgery and medical care to treat their cancer. This means many more side effects and potentially fatal ones.

Additional Failures to Diagnose Contributing to Breast Cancer Spread

A failure by a healthcare provider to recognize signs of cancer during a breast examination can worsen or spread the cancer. Not addressing a new or changing breast lump by failing to order an ultrasound, follow-up mammogram, or biopsy can be a form of negligence.

There are a variety of factors that contribute to misdiagnoses. Some include:

• Confirmation bias occurs when the provider looks for evidence to confirm what they think is the diagnosis while excluding evidence that says otherwise.
  
• Anchoring bias occurs when the provider relies too heavily on initial information when making decisions and discounts other information acquired later.
  
• General bias occurs when the provider has an idea or belief about the person before them, leading them to ignore the referential evidence provided.
  

Determining legal liability in a breast cancer lawsuit can be complex, given the number of healthcare professionals who may be involved at each stage of care and treatment. A personal injury lawyer with experience handling these particular claims might be necessary. 

What To Do After a Delayed Breast Cancer Diagnosis

At this point, you may have questions about what to do next. If you received a delayed or missed breast cancer diagnosis, you should act immediately:

• Gather Key Medical Records: Collect your medical records, including mammograms, ultrasounds, PET scans, or breast MRI images, particularly from facilities where misdiagnosis may have occurred. These records will provide your attorney with crucial evidence to build a clear timeline of events in your case.
• Document Financial Impacts: Track any out-of-pocket expenses incurred for treatment and related care. Also, gather documents showing any lost earnings or work limitations due to your breast cancer diagnosis, as these can be essential in determining compensation.
• Consult an Experienced Attorney: Engaging with a Hodes Milman breast cancer misdiagnosis attorney early can strengthen your case by ensuring your rights are protected and helping to establish liability. Legal guidance is especially valuable in medical malpractice cases, where the stakes are high and specialized expertise is required to build a compelling argument for damages.

Your diligence will help us build a complete timeline of the misdiagnosis. A well-documented claim can lead to a significant payout through a damages award or settlement.

You may also consider gathering together:

• Records of out-of-pocket expenses you have incurred related to your care and treatment.
  
• Documents pertaining to any earnings lost or likely to be lost if your breast cancer has prevented you from working.

If you can calculate these expenses and directly link them to the misdiagnosis, you might be eligible for compensation. Misdiagnosis is a major factor in many malpractice claims for other types of conditions as well, such as a misdiagnosed stroke.

Causes of action may also be available for deaths attributable to a misdiagnosis of breast cancer. If you believe that a loved one passed away due to a missed opportunity to treat their disease or medical negligence, consider gathering their medical records and relevant imaging and seeking legal advice. 

You might also consider gathering all documentation of any funeral, burial, cremation, or memorial expenses incurred, as those items may be compensable in a legal case.

What Do Damages in a Breast Cancer Misdiagnosis Lawsuit Cover?

A breast cancer misdiagnosis can cause victims to miss out on treatments that could potentially save their lives. Such negligence may necessitate legal action to fully compensate for any harm and financial hardships caused.

The settlement from a breast cancer misdiagnosis lawsuit may cover: 

• Medical expenses for additional treatments, x-rays, surgeries, and other procedures.
• Costs of medications needed for the treatment of cancer.
  
• Lost wages and loss of future earning capacity caused by the medical condition.
• Loss of companionship and intimacy with a loved one.
• Pain and suffering caused by the misdiagnosis, including emotional and psychological trauma from the ordeal.
• Wrongful death damages in cases where the breast cancer misdiagnosis has caused a loss of life.
  

A breast cancer misdiagnosis attorney can fight for your treatments no matter how different or drastic they are. They will help you factor the cost into the damages award and create calculations and projections of costs.

Our breast cancer lawyers at Hodes Milman have helped clients recover compensation for medical malpractice, including a $1.55 million settlement for a delayed breast cancer diagnosis and a $1 million settlement for an error in breast cancer diagnosis. Contact us at ​​(949) 640-8222 to schedule a free consultation for your claim.

What Type of Compensation May I Receive for My Breast Cancer Misdiagnosis?

When healthcare providers miss early signs of breast cancer, patients can face delayed treatment, more aggressive therapies, and an increased risk of recurrence. In some cases, the delay can be life-threatening. Victims of such gross negligence can seek compensation in the following forms:

Medical Malpractice Lawsuit

A medical malpractice lawsuit is the most common avenue for individuals impacted by a delayed or missed breast cancer diagnosis. 

This type of lawsuit seeks to hold healthcare providers accountable for negligence when they fail to meet the standard of care, leading to harm. We must demonstrate that your healthcare provider’s actions fell below the accepted medical standards, delaying diagnosis and worsening your condition. 

Successful malpractice claims can result in compensation for medical expenses, lost wages, pain and suffering, and punitive damages in cases of severe negligence.

Wrongful Death Claim

If a delayed or missed breast cancer diagnosis results in a loved one’s passing, a wrongful death claim may be an option. This type of claim addresses the emotional and financial impact on surviving family members and holds the healthcare provider accountable for negligence. 

We must demonstrate that your provider’s actions directly contributed to your loved one’s untimely passing by failing to diagnose or treat their cancer. Successful wrongful death claims can result in compensation for funeral expenses, loss of companionship, lost future income, and emotional distress. In some cases, states also allow for punitive damages if the negligence is especially severe.

Product Liability Claim (If Applicable)

If your delayed diagnosis stemmed from faulty diagnostic equipment, such as a malfunctioning mammogram or imaging device, you may have grounds for a product liability claim against the manufacturer. 

This claim holds the manufacturer accountable for the defective equipment that contributed to the misdiagnosis. To succeed, we would need to prove that the equipment malfunctioned or was poorly designed, causing an inaccurate or delayed diagnosis. Due to the manufacturer’s negligence, successful product liability claims can lead to compensation for medical costs, lost wages, and emotional suffering.

Insurance Bad Faith Claim

A bad faith claim may be appropriate if an insurance provider denies necessary coverage for diagnostic tests or treatments, preventing an early diagnosis.

This type of claim addresses situations where your insurance provider unreasonably denied claims, impacting your care and worsening your outcome. In this case, we would demonstrate that the denial was unjust and affected your ability to receive timely medical attention. 

Successful bad faith claims can result in compensation for the originally denied claims and, in some cases, additional damages if the denial was particularly harmful.

Settlement Negotiations and Mediation

In many cases, it’s possible to resolve a breast cancer misdiagnosis claim without a lengthy trial through settlement negotiations or mediation. 

In a settlement, we work to reach a fair agreement for compensation with the healthcare provider or insurance company. In mediation, a neutral third party helps both sides reach a fair resolution. 

Successful settlement or mediation can provide timely compensation for your losses while sparing you the financial and emotional strain of extended litigation.

Class Action Lawsuit (in Certain Circumstances)

A class action lawsuit may be possible when a systemic failure, such as a hospital’s inadequate diagnostic protocols, has harmed multiple patients.

In this type of lawsuit, individuals with similar claims come together to strengthen their case and show a pattern of negligence. We would represent your interests within a collective claim, seeking compensation for all affected patients. 

Successful class action lawsuits compensate all involved, although amounts are typically divided among participants.

Contact a Breast Cancer Attorney for Assistance

“Too often, young women face life-threatening delays in breast cancer diagnoses. Our team at Hodes Milman is dedicated to holding negligent medical providers accountable, ensuring every woman has a fair chance to fight this disease. We believe every patient deserves timely, accurate care, and we’re here to make that happen.”

– Dan Hodes | Attorney at Hodes Milman

Discovering that you or a loved one have suffered from breast cancer misdiagnosis due to physician negligence can be profoundly distressing. However, you may have legal recourse and a right to compensation for your losses and hardships. We may be able to help.

Why Choose Hodes Milman: Breast Cancer Attorneys

The attorneys at Hodes Milman have been managing high-profile injury cases for over three decades. Our availability, resourcefulness, and unwavering commitment to you as a client set us apart from other law firms. 

We have a long list of proven results in protecting the rights of those affected by malpractice. Additionally, a Martindale-Nolo study shows that clients with representation are more likely to get fairer compensation than those without.

Contact our attorneys at (949) 640-8222 for a free consultation regarding your misdiagnosis claim. We provide dedicated, competent legal advice and representation to ensure you get the justice you deserve.

Breast Cancer Misdiagnosis: Frequently Asked Questions