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i had mammograms since I was 45 years of age. which were always normal .in 2012 I had a mammogram done and they seen something suspicious in my right breast and had me go for another mammogram the doctor told me they didn't find anything and sent me home 2013 went for another mammogram and came back normal. may of 2014 found lump in breast didn't think nothing of it since I had all normal mammograms ,went to doctor to have checked out found out it was stage 3 breast cancer. I talked to a few people and they said when they found something suspicios in 2012 they should of did a mri or ultrasound instead of another mammogram . I might of been able to catch it early instead of being in stage 3 they new I had high density breasts so I feel they were wrong in not giving me the right test at the time they found something suspicious.
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John J. Ratkowitz
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You may have a viable medical malpractice case, but to know for sure an attorney will have to obtain all of the pertinent radiographic films and have them evaluated by an expert to determine whether accepted standards of medical care required a different course of action.
The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.
If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
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Answered on Jul 05th, 2014 at 8:07 AM