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Misdiagnosis of Breast Cancer And The Law

February 26, 2012 | Comments: 0 | Views: 152

Breast cancer is a type of cancer that is found in the breast tissue of a woman. Breast cancer is the most common form of cancer found in women; however it is possible for men to develop the condition as well. There can be two main types of cancer found: lobular carcinoma that forms in the lobules responsible for milk production, and ductal carcinoma that form in the ducts that are responsible for transporting milk from the breast to the nipple. Ductal carcinomas make up the majority of cases of breast cancer. In addition to these two forms of the disease, there are other more rare forms that can be found in other areas of the breast, or within the breast tissue.

For the most part, breast cancer seems to be sensitive to one particular hormone: estrogen. This means that when cancer tumors grow in the breast, estrogen must be present. This form of the disease is known as estrogen receptor positive cancer, also called ER positive cancer.

Some women can also develop another form of breast cancer which is referred to as HER2 positive breast cancer. HER2 is a particular type of gene that is responsible for cells growing, dividing, and repairing. When there are too many copies of the HER2 gene present in the cells, the cells will grow, divide, and repair at accelerated rates. Many in the medical community believe that women who have HER2 positive breast cancer have a form of the disease that is more aggressive in nature, and is more likely to recur in the future.

The most well known symptom of breast cancer is a lump that can be found in the tissue of the breast. It is important to understand that not all lumps in the breast are cancerous, and some can be completely harmless or a result of another medical condition. Since lumps and other abnormal tissue issues can be due to other conditions, it is unfortunately quite common for a misdiagnosis to occur. This is a form of medical negligence, and if this has happened to you, you may have a legal claim that can be filed in a court of law.

In order for a correct breast cancer diagnosis to be made, the medical professional must conduct a complete physical examination, as well as collect a detailed medical history that includes a family history. A mammogram will also be ordered, which uses a low dose of x-ray to scan the breast. Ultrasounds, which makes use of sound waves to present an image, as well as biopsies that collect tissues samples, may also be ordered to ensure an accurate diagnosis.

As was mentioned above, it is not entirely uncommon for a medical professional to misdiagnosis a patient with breast cancer. Because all of the tests that are needed for diagnosis depend upon humans for interpretation, errors are commonly made. What's worse is that it is even more common for younger women to be misdiagnosed because of the fact that their breast tissue is denser. As is the case with other types of cancer, the best chance for a patient to have a successful recovery is to be tested correctly, have the results reported correctly, for a correct diagnosis to be made, and early effective forms of treatment to be administered. When any of these things do not happen, the cancer can spread, which can cause the patient to face serious complications that can be fatal.

If you or someone you know has suffered because of a misdiagnosis of breast cancer, you may be able to take legal action to seek compensation for your injuries. The best way to begin the process is to contact a personal injury attorney as soon as possible. These legal professionals know this area of the law completely, and will handle every last detail of your claim. This is not an area of the law that you should try to handle on your own. There are number of intricacies that are best dealt with by a professional attorney.

A personal injury attorney will manage your case from start to finish, and will take care of collecting documents, dealing with the other party's legal representatives, and even arranging for expert testimony should the case head to trial. Since many states have various statutes of limitations, an attorney will ensure your case meets all necessary deadlines, and that all paperwork is filed in a timely manner. Just one small detail can make or break your case, so you do not want to take unnecessary chances.

Perhaps best of all, most personal injury attorneys work on a contingency basis, which means that you do not have to pay anything upfront. Not having the added worry about how to fund a legal claim as it progresses through the system can go a long way toward making you feel at ease, and deciding to take further action.

Compensation in these types of medical negligence claims can be awarded for a number of factors including past, present, and future medical expenses, a loss of income from a job, medical devices or rehabilitation that may be necessary, and even for pain and suffering in some cases. The outcome for cases of medical negligence can be quite good; however you must not delay in taking action. This is a serious issue that needs to be addressed promptly, not only for yourself and your family, but also to help protect other innocent patients from falling victim to the same fate.

Being a victim of a misdiagnosis of breast cancer can be quite devastating, and there are undoubtedly many decisions that you will have to make once you are faced with this issue. While your health and time with your family should come first, you should also take steps to hold those responsible for your misdiagnosis accountable. There is no reason to suffer in silence, and there is no reason to risk being a victim twice. A personal injury attorney will work hard to get you the justice you deserve.

For more information on medical negligence please visit

Source: EzineArticles
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