Breast Cancer Screening and Medical Malpractice

Breast cancer is the second leading cause of cancerBreast cancer treatment and prognosis
deaths in women. Every year, more than 40,000Cancer specialists associate a statistic called the 5
women die in the U.S. from breast cancer. Earlyyear survival rate with each stage of the cancer. This
detection with routine breast cancer screeningstatistic reflects, for each stage, the percentage of
followed immediately with appropriate treatmentwomen who will survive 5 years or more after a
could prevent many of these deaths. A doctor'sdiagnosis with that particular stage.
failure to recommend routine breast cancer screeningFor Stage 0, treatment options include a breast
to their female patients and to follow up on abnormalconserving surgery (lumpectomy or partial
test results may constitute medical malpractice.mastectomy) with sentinel lymph node biopsy or
Screening for breast cancerlymph node dissection and radiation therapy,
Cancer specialists generally recommend that a doctormastectomy (for women at high risk a bilateral
should order a yearly mammogram and conduct aprophylactic mastectomy may be an option), and/or
yearly clinical breast examination on all female patientshormone therapy (such as Tamoxifen or an
age 40 or older, even if the patient has no familyaromatase inhibitor). The 5-year survival rate is nearly
history of breast cancer and has no symptoms. A100% for Stage 0.
doctor should perform a breast examination every 3For Stage I, treatment options include a lumpectomy
years for female patients in their 20s and 30s. If a(breast conserving surgery) with sentinel lymph node
patient is at moderate (15%-20%) lifetime risk thebiopsy or lymph node dissection and radiation,
doctor should discuss the option of adding a yearlymastectomy, and chemotherapy and/or hormone
MRI as part of the screening process. For patients attherapy. The 5-year survival rate is also nearly 100%
high (>20%) lifetime risk, the doctor should add afor Stage 1.
yearly MRI to the screening process. The lifetime riskFor Stage II, treatment options include breast
is assessed based on such factors as family history,conserving surgery (a lumpectomy or modified
the presence of gene mutations, characteristics ofmastectomy) with sentinel lymph node biopsy or
the breast, and personal medical history.lymph node dissection and radiation, mastectomy,
The clinical breast examination determines whetherand chemotherapy and/or hormone therapy. The
there are any palpable lumps or other abnormality in5-year survival rate is 92% for Stage IIA and 81%
the breast that could indicate the presence of cancer.for Stage IIB.
The mammogram and MRI use imaging technology toFor Stage IIIA, the treatment options remain the
identify changes or masses in the breast that maysame as for Stage II. The relative 5-year survival
not detectable from a clinical breast examination.rate is 67% for Stage IIIA
Should an abnormality be found, a biopsy (sampling ofFor Stages IIIB and IIIC, treatment options vary
breast tissue) is then performed to rule out ordepending on whether the cancer is operable.
confirm the presence of cancer.Chemotherapy is often the initial treatment in order
The progression of the breast cancer is trackedto attempt to reduce the size of the tumor. If the
through stagestumor is operable, then treatment options may
Once breast cancer is diagnosed, the cancer'sinclude breast conserving surgery (a lumpectomy or
progression is categorized using a five-level stagingmodified mastectomy) or mastectomy with sentinel
system:lymph node biopsy or lymph node dissection,
- Stage 0 (Also known as Carcinoma In Situ): Thereradiation, and chemotherapy and/or hormone therapy.
are 2 types - (1) Ductal carcinoma in situ (DCIS)If the cancer is inoperable, the 5-year survival rate is
which is a noninvasive condition which involves the54% for Stage IIIB.
presence of abnormal cells confined to the lining ofFor Stage IV, treatment normally consists of
the breast duct, and (2) Lobular carcinoma in situradiation therapy, hormone therapy and/or systemic
(LCIS) which involves the presence of abnormal cellschemotherapy, Tyrosine kinase inhibitor therapy,
in the lobules of the breast.radiation therapy, surgery and medications to relieve
- Stage I: The tumor is less than 2 cm and has notpain, and clinical trials. The 5-year survival rate drops
spread outside the breast.to approximately 20%.
- Stage IIA: Either (1) no tumor is found in the breastFailure to screen for breast cancer may constitute
but cancer is found in at least one of the axillarymedical malpractice
lymph nodes (the lymph nodes under the arm), (2)Unfortunately, even though the statistics make it
the tumor is 2 cm or smaller and has spread to thevery clear that early detection through breast cancer
axillary lymph nodes, or (3) the tumor is between 2screening saves lives, there are still doctors who fail
cm and 5 cm and has not spread to the axillaryto screen female patients for breast cancer. They fail
lymph nodes.to perform breast examinations and fail to order
- Stage IIB: Either (1) the tumor is between 2 cm andmammograms. And some doctors ignore abnormal
5 cm and has spread to the axillary lymph nodes, orbreast examination results and even abnormal
(2) the tumor is larger than 5 cm and has not spreadmammograms results. By the time the cancer is
to the axillary lymph nodes.discovered - often because the patient sees a
- Stage IIIA:Either (1) no tumor is found in the breastdifferent doctor who finally conducts a clinical breast
but cancer is found in axillary lymph nodes that areexamination or orders a mammogram, or the patient
attached to each other or to other structures, orstarts to feel back pain or other symptoms - the
cancer may be found in lymph nodes near thebreast cancer has already advanced to a Stage III or
breastbone, (2) the tumor is 2 cm or smaller and theeven a Stage IV. The prognosis is now much
cancer has spread to axillary lymph nodes that aredifferent for this woman than it would have been
attached to each other or to other structures, orhad the breast cancer been detected early through
cancer may have spread to lymph nodes near theroutine breast cancer screening. As a result of the
breastbone, (3) the tumor is larger than 2failure on the part of the doctor to advise a female
centimeters but not larger than 5 centimeters andpatient to undergo routine screening, or to follow up
the cancer has spread to axillary lymph nodes thaton an abnormal mammogram or MRI result, the
are attached to each other or to other structures, orbreast cancer is now much more advanced and the
the cancer may have spread to lymph nodes nearwoman has suffered a "loss of chance" of a better
the breastbone, or (4) the tumor is larger than 5recovery. In other words, she now has a reduced
centimeters and the cancer has spread to axillarychance of surviving the breast cancer.
lymph nodes that may be attached to each other orContact a Lawyer Today
to other structures, or cancer may have spread toIf you or a family member suffered a delay in the
lymph nodes near the breastbone.diagnosis of breast cancer due to a doctor's failure to
- Stage IIIB:The tumor may be any size and therecommend routine screening or to follow up on
cancer (1) has spread to the chest wall and/or theabnormal breast examination or mammogram results,
skin of the breast, or (2) may have spread to axillaryyou need to contact a lawyer immediately.
lymph nodes that may be attached to each other orThis article is for informational purposes only and is
to other structures, or cancer may have spread tonot intended to be legal or medical advice. You should
lymph nodes near the breastbone.not act, or refrain from acting, based upon any
- Stage IIIC:The cancer is operable if it is detectedinformation at this web site without seeking
(1) in ten or more axillary lymph nodes, (2) is found inprofessional legal counsel. A competent lawyer with
lymph nodes below the collarbone, or (3) is found inexperience in medical malpractice can assist you in
axillary lymph nodes and in lymph nodes near thedetermining whether you may have a claim for a
breastbone. The cancer is inoperable if it has spreaddelay in the diagnosis of breast cancer due to a
to the lymph nodes above the collarbone.failure on the part of the doctor to offer breast
- Stage IV: The cancer has spread to other organs incancer screening. There is a time limit in cases like
the body, usually the bones, lungs, liver, or brain.these so do not wait to call.