Breast Cancer Misdiagnosis Law Firm

Learning that your breast cancer diagnosis may have been missed or delayed can leave you with difficult questions about your care and what should have happened. Our attorneys help individuals and families understand their legal options after a missed or delayed diagnosis. Our team represents patients and families in these challenging cases while handling the legal details along the way.

The attorneys at Hodes Milman have more than three decades of experience representing people injured by medical negligence. We offer free, confidential consultations, and you pay no attorney’s fee unless we recover money for you. If you want to discuss what happened, call us 7 days a week at (949) 640-8222.

"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.

When a Missed Diagnosis Gives Cancer More Time to Progress

A delayed cancer diagnosis can leave patients wondering what happened, whether something was overlooked, and whether the outcome could have been different. 

In this video, Hodes Milman attorney Dan Hodes explains how missed symptoms, incomplete follow-up, and radiology errors can lead to delays in diagnosis and why it is important to have a medical malpractice case carefully reviewed.

If you believe a warning sign was missed or your breast cancer diagnosis came later than it should have, hearing Dan explain these cases may help you understand what questions to ask during a free consultation with our team.

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 treatment costs 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.

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 Breast Cancer Misdiagnosis Attorney: Engaging with Hodes Milman 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 medical malpractice knowledge 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.

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.

According to a study by Martindale-Nolo, 91% of individuals who hire legal representation receive a financial payout, compared to just 51% of those who navigate claims alone. 

Furthermore, those represented by an attorney secured an average payout nearly four times that of unrepresented claimants.

What Is the Process of a Breast Cancer Misdiagnosis Lawsuit?

Misdiagnosis is one of the most common reasons medical malpractice occurs. With cancer, misdiagnosis can be devastating, easily resulting in death or permanent disability. Breast cancer is 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 claims are resolved through breast cancer misdiagnosis settlements, where both parties agree to fair 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.

What Is Breast Cancer?

Breast cancer occurs when abnormal cells in the breast begin growing and dividing in an uncontrolled way. These cells can form a tumor and, in some cases, can spread into nearby tissue, lymph nodes, or other parts of the body. Breast cancer most often begins in the cells lining the milk ducts or in the milk-producing lobules.

Breast cancer does not always appear as a lump. Depending on the type, a person may notice a new lump, swelling, skin changes, nipple changes, or other changes in the breast. Some breast cancers are found through screening mammograms before a person notices any symptoms.

There are several types, and they can behave differently and require different treatments. Doctors determine the type of breast cancer by examining cancer cells and looking at where the cancer began.

These details matter because they can influence how quickly a cancer may grow, how likely it is to spread or return, and which treatments may work. An accurate diagnosis therefore involves more than simply identifying that cancer is present. Healthcare providers must also determine what type of cancer it is and how far it has progressed.

Our breast cancer misdiagnosis law firm has 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.

Different Types of Breast Cancer

Identifying the type of breast cancer is an important part of making an accurate diagnosis and choosing appropriate treatment.

Most breast cancers are carcinomas, meaning they begin in cells that line or cover organs and tissues. Most breast carcinomas are also adenocarcinomas, which develop from glandular cells. In the breast, these cancers most often begin in the cells of the milk ducts or milk-producing lobules.

Breast cancer can also be described as either non-invasive or invasive:

• Non-invasive breast cancer: Cancer cells remain within the layer of tissue where they first developed and have not grown into surrounding breast tissue. Ductal carcinoma in situ (DCIS) is the most common example. It is also known as Stage 0 breast cancer.
• Invasive breast cancer: Cancer cells have grown beyond their original location and into surrounding breast tissue. Invasive cancer can also spread to nearby lymph nodes or, in some cases, to distant parts of the body. Most breast cancers are invasive.

Common and Less Common Types of Breast Cancer

Within these categories, breast cancer can take several forms. Some types are more common than others, and certain cancers may be harder to recognize because they do not always produce a distinct lump or have typical symptoms.

• Ductal Carcinoma in Situ (DCIS): DCIS develops in the lining of the milk ducts and has not invaded nearby breast tissue. DCIS is often found during a mammogram, sometimes before a person has any noticeable breast changes. Although it is non-invasive, some cases can develop into invasive breast cancer.
• Inflammatory Breast Cancer: Inflammatory breast cancer is a rare, fast-growing form of breast cancer. Cancer cells block lymph vessels in the skin of the breast, which can cause redness, swelling, warmth, skin thickening, or a dimpled appearance. Inflammatory breast cancer accounts for about 1% to 5% of all breast cancer cases. 
• Triple-Negative Breast Cancer (TNBC): Triple-negative breast cancer is an invasive breast cancer that does not have receptors for estrogen or progesterone and does not have high levels of the HER2 protein. It represents about 15% of breast cancers.
• Paget Disease of the Breast: Paget disease is a rare form of breast cancer involving the nipple and usually the areola, the darker area surrounding the nipple. It can cause redness, itching, crusting, flaking, thickened skin, or nipple discharge. These symptoms may resemble a skin condition, making an accurate evaluation important. 
• Angiosarcoma: Angiosarcoma is a rare cancer that develops in cells lining blood vessels or lymph vessels. It can affect breast tissue or the skin of the breast. Breast angiosarcomas are uncommon and may require a different approach to diagnosis and treatment than more typical breast carcinomas.
• Phyllodes Tumor: Phyllodes tumors develop in the connective tissue, or stroma, of the breast rather than in the milk ducts or lobules. Most are not cancerous, but some can be malignant. 

Different Stages of Breast Cancer

Doctors use staging to determine how much cancer is present and whether it has spread. Breast cancer staging considers factors such as the size and location of the tumor, whether nearby lymph nodes contain cancer, whether the cancer has spread to distant organs, the tumor's grade, and certain biomarkers. The staging system is more detailed than simply measuring the size of the tumor.

The main breast cancer stages range from Stage 0 through Stage IV:

Stage 0

Stage 0 generally refers to non-invasive breast cancer, most commonly ductal carcinoma in situ (DCIS). The abnormal cells remain within the area where they began and have not invaded nearby breast tissue.

Stage I

Stage I is early invasive breast cancer. The cancer is relatively small and is limited to the breast or may involve a very small amount of cancer in a nearby lymph node. Stage I is divided into Stage IA and Stage IB.

• Stage IA: Generally describes a small invasive cancer that has not spread to the lymph nodes, although certain very small amounts of cancer may be found in a nearby lymph node.
• Stage IB: May involve a small breast tumor and/or a small amount of cancer in nearby lymph nodes. The specific classification depends on the tumor's size, lymph node findings, and other characteristics of the cancer.

Stage II

Stage II breast cancer may involve a larger tumor, nearby lymph nodes, or both. It is divided into Stage IIA and Stage IIB.

• Stage IIA: May describe a cancer that remains relatively small but has spread to nearby lymph nodes, or a larger tumor that has not spread to those lymph nodes.
• Stage IIB: Generally involves a larger tumor and/or cancer that has spread to nearby lymph nodes. The exact classification depends on the tumor and lymph node findings, along with other staging factors.

Stage III

Stage III is more advanced breast cancer that has not spread to distant organs. It may involve a larger tumor, several nearby lymph nodes, the skin of the breast, or the chest wall. Stage III is divided into IIIA, IIIB, and IIIC.

• Stage IIIA: May involve cancer that has spread to several nearby lymph nodes and may also involve a larger breast tumor.
• Stage IIIB: May involve a tumor that has grown into the chest wall or skin of the breast. Inflammatory breast cancer is generally classified as Stage IIIB or higher when it has not spread to distant parts of the body.
• Stage IIIC: May involve cancer that has spread to more extensive groups of nearby lymph nodes, including lymph nodes near the collarbone or around the breastbone. The primary tumor may be any size.

Stage IV

Stage IV, also called metastatic breast cancer, means the cancer has spread to distant parts of the body. Common sites include the bones, liver, lungs, or brain.

This stage does not describe a particular tumor size or number of affected lymph nodes. Instead, it means the cancer has spread to distant organs or tissues.

Stage IV breast cancer may be diagnosed when the cancer is first found, or it may develop when breast cancer that was treated returns and spreads to distant parts of the body.

Your diagnosis is more than a stage or a single test result. Tumor grade, ER and PR status, HER2 status, genetic changes, and other factors can shape how your cancer should be treated, and when those details are overlooked or a warning sign is missed, the consequences can be serious.

If you believe your breast cancer was diagnosed too late, a mammogram was misread, or a healthcare provider failed to follow up on a concerning finding, you deserve to understand what happened. The attorneys at Hodes Milman can review your medical records, help identify where a breakdown in care may have occurred, and explain your legal options.

Call Hodes Milman at (949) 640-8222 or fill out our online form for a free, confidential consultation.

Who Can a Breast Cancer Misdiagnosis Lawyer Sue?

A missed cancer diagnosis does not always fall upon a doctor. Multiple medical professionals are involved in your preventative screenings, lab work, and annual exams. Depending on where the lapse in care happened, liability may lie with:

• Radiologists: Failing to identify a visible mass, microcalcifications, or subtle structural changes on a screening mammogram, ultrasound, or breast MRI.
• Primary Care Physicians and Gynecologists: Dismissing a patient's physical complaints, failing to perform a thorough breast exam, or failing to refer a patient with a suspicious lump to a specialist or imaging center.
• Pathologists: Misinterpreting tissue biopsies in the lab, leading to a false-negative result or misclassifying the specific type and stage of cancer.
• Oncologists: Failing to order appropriate follow-up testing, prescribing incorrect treatment protocols, or delaying intervention.
• Hospitals and Diagnostic Clinics: Employing inadequately trained staff, using outdated or malfunctioning imaging equipment, or failing to maintain clear communication channels for critical lab results.

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, at 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.

Listen to Dan Hodes Explain the Importance of Timely and Accurate Diagnosis

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.

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.

When breast cancer is found while it is still localized, the 5-year relative survival rate is greater than 99%. That stark difference underscores why recognizing warning signs, accurately interpreting breast imaging, and following up on suspicious findings can matter so much. A missed or delayed diagnosis can mean losing valuable time when the cancer may be easier to treat.

How Do Breast Cancer Misdiagnoses Happen?

A breast cancer misdiagnosis can happen at several points in the diagnostic process. Sometimes the problem is a missed finding on a mammogram. In other cases, a doctor may fail to investigate a patient's symptoms or order the testing needed to find the cancer. Common examples include:

• Mammogram or Imaging Misread: A radiologist may fail to recognize a suspicious mass, calcification, distortion, or other abnormality on a mammogram or other breast imaging. A missed finding can delay the additional testing needed to determine whether cancer is present.
• Failure to Order Follow-Up Testing: When a patient has a concerning symptom or abnormal imaging result, further testing may be needed. Failing to order a diagnostic mammogram, breast ultrasound, MRI, or other appropriate test can delay a cancer diagnosis.
• Failure to Investigate a Breast Lump or Other Symptoms: A new or changing breast lump, nipple discharge, skin changes, swelling, or other concerning symptoms may require further evaluation. A healthcare provider may be negligent if they dismiss these signs without appropriate examination or testing.
• Incorrect Interpretation of Follow-Up Imaging: Even when additional testing is performed, a cancer diagnosis can be delayed if a healthcare provider incorrectly interprets a diagnostic mammogram, ultrasound, MRI, or other imaging study.
• Failure to Recommend or Perform a Biopsy: When imaging or a physical examination raises sufficient concern, a biopsy may be needed to determine whether abnormal tissue is cancerous. Failing to recommend or arrange a timely biopsy can allow an undiagnosed cancer to progress.
• Misinterpretation of a Biopsy or Pathology Results: A biopsy does not end the diagnostic process. A pathologist must examine the tissue and identify the type and characteristics of the cancer. An inaccurate pathology interpretation can lead to an incorrect diagnosis or inappropriate treatment.
• Failure to Refer to a Specialist: Some breast findings require evaluation by a breast surgeon, oncologist, radiologist, or other specialist. A failure to make an appropriate referral may contribute to a delayed diagnosis or treatment.
• Failure to Follow Up on Abnormal Results: A patient may undergo testing without receiving timely follow-up. If a healthcare provider fails to communicate an abnormal result, arrange additional testing, or ensure that the patient receives appropriate care, the cancer may go undiagnosed for longer than it should.

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.
• Age-Related Assumptions: Breast cancer is less common in younger women than in older women, but younger patients can still develop the disease. A new breast lump or other concerning symptom should not automatically be dismissed because of a patient's age.
• Race-Related Bias: Research has identified racial disparities in breast cancer diagnosis and outcomes, particularly among black women. Differences in access to care can play a role, but implicit bias and assumptions about a patient's symptoms or risk may also contribute to delayed diagnosis. 
• Sex-Related Assumptions: Breast cancer is much less common in men, but men can develop the disease. Because breast cancer is often associated with women, a male patient with a breast lump, nipple change, or other concerning symptom may face a risk of having those symptoms attributed to a benign condition. The rarity of male breast cancer does not eliminate the need to investigate suspicious findings.

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.

Legal Options for Recovery in a Breast Cancer Misdiagnosis Case

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.

Why Choose Hodes Milman

When choosing legal representation, you deserve a firm that will dedicate its full experience and resources to your case. At Hodes Milman, we bring over 30 years of trial experience and have recovered over $200 million for injured individuals and their families.

One of our founding partners, Dan Hodes, has focused on medical malpractice for nearly 40 years, recovering over $35 million for clients in a single year.

But what truly sets Hodes Milman apart is simple: we listen. We look closely at what was missed, when it was missed, and how that delay affected your breast cancer diagnosis and treatment. Then we help you understand what happened and what legal options may be available.

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.