Friday, August 26, 2011

Medical Malpractice and Breast Cancer Misdiagnosis ? A Growing ...

A diagnosis of breast cancer is terrifying. You don?t know what to expect and worry about what will happen. How will I respond to the medication? What if I need a partial or full mastectomy? What are my chances of recovery? You put your health and life in the hands of lab technicians, physicians and surgeons.

About 1 in 8 women in the United States (12%) will develop breast cancer. Breast cancer is the most commonly diagnosed cancer in women (28%). Men are not exempt; male breast cancer accounts for 1% of all cases.? Around 40,000 women die each year from breast cancer.

The good news is that the number of breast cancers cases is decreasing. Reasons for this decline in breast cancer include: better education of medical professionals and patients, new technology in early detection and treatment, and the decrease in the use of hormone replacement therapy which had been tied to the development of breast cancer.

The bad news is the incidents of breast cancer misdiagnoses are increasing. ?Breast cancer misdiagnoses claim thousands of deaths each year. Botched test results are the main reason for a misdiagnosis. A patient may be told that the lump in her breast is benign when it really is malignant; and when the mistake is discovered it may be too late for treatment. ?A patient may undergo a partial or double mastectomy only to find out the cancer diagnosis was wrong.

A patient?s breast cancer misdiagnosis and a resulting double mastectomy were the circumstances of a recent medical malpractice lawsuit in California. ?The patient received a cancerous diagnosis when external pathologists performed a biopsy. ?She underwent a double mastectomy and then later underwent reconstructive surgery. At the time of her reconstructive surgery, her breast tissue was examined by a hospital pathologist who concluded she never had breast cancer at all.

The patient filed a medical malpractice lawsuit against the hospital alleging the hospital was negligent by relying on the test results of an external pathologist, and her breast reconstructive surgery was negligently performed.

The hospital admitted it had made a mistake by failing to review the outside pathologist?s biopsy results before performing the mastectomy. The patient won her medical malpractice lawsuit against the hospital and was awarded $198K.

Medical malpractice is one of the leading causes of death in the United States. Besides lab errors and misdiagnoses, other types of medical malpractice include: mistakes with medication, surgical errors ? especially leaving a surgical tool in the patient, wrong site surgeries, anesthesia mistakes and obstetrical errors. Filing a medical malpractice lawsuit is the right of anyone who has suffered an injury due to a hospital or medical personnel?s negligence.

Hospitals and medical professionals have malpractice insurance companies on their side. These are large organizations with a team of attorneys to dispute your claim. Don?t go it alone. A medical malpractice attorney is experienced with fighting against insurance companies to get you the financial compensation and justice you deserve. ?A lawyer knowledgeable in medical malpractice can take that heavy burden off your shoulders so you can concentrate on getting better. The law in California only gives you so much time to pursue your case; either one year after you discover the injury, but no more than three years after the date of the injury. Protect your legal rights.

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Source: http://www.bloggingthelaw.com/2011/08/26/medical-malpractice-and-breast-cancer-misdiagnosis-%E2%80%93-a-growing-concern/

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