No one ever forgets the moment a doctor informs them they have breast cancer. Their world turns upside down. The grim reality is that one in eight women will eventually receive this diagnosis. What is arguably worse is the relief of being told they are cancer-free when, in fact, they do have breast cancer. A cancerous time bomb ticks away within their bodies, and by the time it is detected, their situation may have grown far worse. Alternatively, receiving a false diagnosis can lead to irreversible medical decisions.
Misdiagnosis is a type of medical malpractice. A New York medical malpractice lawyer at Rheingold Giuffra Ruffo Plotkin & Hellman LLP can help breast cancer patients hold the doctors who misdiagnose their disease liable. Although we can’t reverse time, we can at least help you recover financial compensation to help you cover damages.
If you or your family has been affected by a misdiagnosis or delayed diagnosis of breast cancer, our firm can help you seek closure. Contact us at (212) 684-1880 or complete this form today.
According to the National Breast Cancer Foundation, roughly 310,720 women and 2,800 men will be diagnosed with invasive breast cancer in 2024.
When discovered in the early stages, breast cancer is treatable and often curable. The five-year survival rate for those treated for breast cancer in its earliest, localized stages is 99%. Keep in mind that the 1% who did die during this five-year period did not necessarily succumb to breast cancer.
Older women are more likely to receive a breast cancer diagnosis. The median age for a breast cancer diagnosis is 62, according to the American Cancer Society.
The most devastating effect of a missed or delayed breast cancer diagnosis is that a treatable cancer may progress to one that proves fatal. Even if that worst-case scenario does not occur, a missed breast cancer diagnosis may mean that a tumor has grown beyond the point where a lumpectomy makes sense, and the patient must undergo a mastectomy.
A breast cancer misdiagnosis may also mean that the patient must undergo chemotherapy, radiation, and other difficult, debilitating treatments that might have otherwise been avoidable.
While the physical health consequences of a breast cancer misdiagnosis are paramount, there is also the psychological fallout to consider. Hair loss due to chemotherapy affects patients deeply. So do other side common side effects, such as mouth sores, nausea, fatigue, and neuropathy. Had their breast cancer been correctly diagnosed at an early stage, such treatment may not have been needed.
Medical professionals, including radiologists, oncologists, and other physicians, are supposed to be able to read mammograms and other tests to screen for breast cancer. If one of these signs is not recognized or is not properly treated when it is seen, it can result in a significant setback for patients.
Another way in which breast cancer can go undetected is through misreading mammograms. If the results of a mammogram are unclear or ambiguous, the physician must follow up on the results and seek further information.
A breast cancer misdiagnosis occurs for various reasons. Some women are diagnosed by their doctor with a benign breast condition that turns out to be malignant. Perhaps a woman finds a lump in her breast, but the doctor downplays the possibility of cancer and refuses to order tests. This frequently happens with younger, pre-menopausal women.
While younger women are less likely to develop breast cancer, when breast cancer does strike premenopausal women there is a higher risk of a poor outcome. Chemotherapy for breast cancer will generally put premenopausal women into menopause, or “chemopause.” That means the woman is no longer fertile. Any plans she may have had for conceiving and carrying a baby naturally are over.
Once breast cancer cells metastasize, or spread, the prognosis for the patient worsens considerably. Metastatic breast cancer is treatable, but it is not curable. As per the Susan G. Komen Foundation, one-third of women diagnosed with metastatic breast cancer in the U.S. are alive five years after diagnosis. Some women may survive a decade or more after a metastatic breast cancer diagnosis.
There are also cases of benign breast disease misdiagnosed as cancer. Such misdiagnosed patients may undergo unnecessary treatment which can cause significant and long-term side effects.
Of course, the worst consequence of a missed breast cancer diagnosis is death. Breast cancer is the second leading cause of cancer death in females, surpassed only by lung cancer. In New York, the surviving spouse, children, or personal representative of the decedent’s estate may file a medical malpractice wrongful death lawsuit against the at-fault parties within two years of the decedent’s death date.
Believe it or not, the results of a breast cancer biopsy are not always accurate. A 2015 study published in the Journal of the American Medical Association involving 15 American pathologists and 240 breast biopsy specimens found that biopsy specialists frequently misdiagnose breast cancer and/or fail to diagnose breast cancer. In many cases, this leads to too aggressive treatment or lack of necessary and proper treatment.
While this study was conducted in a research setting and, as a result, contains several flaws, this is not the first study to reveal the difficult nature of accurately analyzing breast biopsies. Previous studies have also shown an alarmingly high rate of inaccuracies in breast cancer biopsies.
It is always recommended that any individual who receives a breast cancer biopsy also obtain a second opinion from a qualified medical professional, particularly if the results come back as precancerous or abnormal.
Proving negligence is one of the most critical aspects of a breast cancer misdiagnosis case. How your attorney achieves this will depend on the details of your unique situation. However, it may follow this typical process:
The statute of limitations for medical malpractice cases in New York is two and a half years. The time either begins at the end of continuous treatment from the negligent party or the date of the initial incident. Our experienced attorneys can review the details of your case to determine whether you’re still within the statute of limitations and what a successful resolution might look like for you and your loved ones.
Compensation, or damages in breast cancer misdiagnosis settlements may include:
Our Rheingold Giuffra Ruffo Plotkin & Hellman LLP team has won several multi-million-dollar verdicts and settlements. These include a settlement of $2.5 million for cancer misdiagnosis and a $2.5 million settlement in a wrongful death case caused by the failure to promptly diagnose and treat a patient who had breast cancer.
We credit the hard work of our lead cancer misdiagnosis lawyers and their commitment to getting justice for our clients.
Mr. Ruffo started his legal career by taking on big corporations like Toyota, Ford, and General Motors. After almost two and a half decades of litigating product liability and other personal injury cases, he joined Rheingold. When the law firm started taking on more medical malpractice cases, he offered to handle them. This required him to learn how to read medical records manually with a medical dictionary, as Google’s search engine had yet to be invented.
The hard work and attention to detail paid off. Mr. Ruffo has won several multi-million-dollar awards for medical malpractice cases. These include a:
Mr. Ruffo’s work in law extends beyond Rheingold. Over the past few years, he has served on the Board of Directors of the New York State Trial Lawyers Association. He has also published several articles and lectured on personal injury law. His commitment is entirely to everyday people who might not otherwise have the chance to seek justice in a court of law.
Mr. Giuffra felt inspired by his father’s work as a trial attorney and chose to pursue a career in law. He worked as a clerk at his father’s firm while attending law school and for two years after graduating. However, that firm represented corporations, and Mr. Giuffra found that he empathized more with the plaintiffs.
That led him to make the difficult decision to leave his father’s practice and focus on protecting the rights of everyday Americans. His experience on both sides of the litigation aisle has given him insight into how corporations think and their legal teams’ strategies to avoid responsibility and reduce payments.
Medical malpractice is one of the areas Mr. Giuffra specializes in. He has successfully tried several personal injury cases in federal and New York state courts. His first multi-million-dollar win occurred just four years after graduating from law school, which helped set the momentum for his legal career. Since then, he has won 20 verdicts and several settlements that exceed a million dollars.
At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, our track record in New York medical malpractice lawsuits is second to none. One example is a $2.5 million wrongful death settlement for the survivors of a 58-year-old woman whose breast cancer was not diagnosed or treated in a timely manner.
Our experienced breast cancer misdiagnosis attorneys frequently work with medical experts to review cases properly. If the misdiagnosis of breast cancer has harmed you or someone you love, it is important to speak with a lawyer as soon as possible. At our firm, we will work with you and your entire family to ensure that your concerns are addressed and your voices are heard.
While most breast cancer misdiagnosis cases are settled, we will take your case to trial if necessary. Since we work on a contingency basis, there is no fee unless you receive compensation.
Ready to learn more about what our firm can do for you? Fill out our online form to request a free, no-obligation case evaluation with our compassionate team today.
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