How a Breast Cancer Misdiagnosis Led to an Unnecessary Double Mastectomy

Receiving news of a cancer diagnosis is distressing. Darrie Eason, a single mother from Long Island, NY was diagnosed with an invasive form of breast cancer in 2006. After having a double mastectomy, she found out she never had cancer at all. The lab that handled her biopsy was responsible for this error, and she retained a medical malpractice attorney who helped her recover compensation for this devastating medical mistake.

Misdiagnosis After a Second Opinion

Before undergoing treatment, Darrie consulted another physician for a second opinion and was again misdiagnosed with cancer. Unfortunately, this doctor used the information from the same mislabeled biopsy sample, which belonged to another woman.  After receiving the second opinion, she opted to have both breasts removed and underwent the first phase of reconstructive surgery.

The next step was chemotherapy. However, before she started this phase of treatment, the surgeon who had sent the removed breast tissue to the lab contacted her with shocking news: she didn’t have cancer. When asked how she felt when she found out her breasts were removed for no reason, she simply said, “You can’t even explain it.” This development also meant that the woman whose sample had been switched had globular breast cancer and had been misdiagnosed as being cancer-free.

How Did This Happen?

The New York State Department of Health investigated the lab that handled her biopsy samples, CBL Path medical laboratory. Its report stated that the likely source of the error was not a system breakdown but the lab technician engaging in a practice called batching. This process involves handling more than one tissue sample at a time. However, Steven Pegalis, Darrie’s medical malpractice attorney, wasn’t convinced. He found it hard to believe that it was a one-time event that occurred because of an individual’s carelessness.

Another issue this tragedy brought to light is the importance of patients asking for an additional lab report on tissue samples when seeking a second opinion. It also shows that medical labs evaluating tissue samples should always handle them one at a time and double- or triple-check the patient’s identifying information.

Darrie’s Medical Malpractice Claim

The best medical malpractice lawyers in Pennsylvania know that these types of cases can be notoriously difficult to win, so it’s critical to take the time to thoroughly investigate what happened and who may be liable.

Darrie’s lawyer waited a year to file a medical malpractice suit against the lab that processed her tissue sample. They wanted to make sure they brought a claim against the right parties, as the physicians and surgeons who treated her did so in good faith based and were unaware that the results were flawed. There was some conflict between CBL Path and their insurer about settling the claim without litigation, however, they ended up reaching a settlement agreement without going to trial. Although Darrie recovered monetary compensation, her life has been forever changed.

If you or a loved one has suffered injuries or losses due to a medical error, you don’t have to go it alone. Our experienced, compassionate medical malpractice lawyers in Delaware County, PA can evaluate your case and advise you of your options.

This blog was originally posted on https://pa4law.com/how-a-breast-cancer-misdiagnosis-led-to-an-unnecessary-double-mastectomy/

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How Common Are Cancer Misdiagnoses in Medical Malpractice Claims?

 

When it comes to the diagnosis and treatment of cancer, time is of the essence. Misdiagnosis or delayed diagnosis of certain types of cancer can be fatal. There are many different factors that can have an impact on a cancer diagnosis. Learning about commonly misdiagnosed types of cancer from a top medical malpractice lawyer can help you understand what is involved if you or a loved one is considering filing a claim.

Causes of Cancer Misdiagnosis

Early detection is crucial when treating almost any type of cancer—typically, the sooner you start getting treatment, the better your prognosis will be. Although the subject has not been studied extensively, according to an article published in the Journal of the American Medical Association (JAMA), cases of missed, delayed, or incorrect diagnosis are common, and may occur anywhere from 10% to 28% of the time.

Some factors that may be involved in misdiagnosis or delayed diagnosis of cancer include:

•  Ignoring a patient’s complaints or symptoms
•  Neglecting to order proper diagnostic tests or biopsies
•  Pathology testing errors
•  Failing to identify lumps or other irregularities, such as those detected in breast exams
•  Incorrect reading of diagnostic testing results
•  Failure to recognize common signs of cancer
•  Not following-up with the patient or test results
•  Wrongly identifying a cancerous tumor as benign
•  Failing to refer a patient to a specialist

In some cases, a patient may be wrongly diagnosed with cancer and may undergo unnecessary, costly, invasive treatment. If this has happened to you or a loved one, a good injury attorney who handles medical malpractice can assess your case and help you determine the options that may be available for recovering compensation for a misdiagnosis and unnecessary treatment.

Types of Cancer That Are Commonly Misdiagnosed

Lymphoma—This type of cancer often goes undetected because many of the symptoms are associated with less serious conditions. For example, enlarged lymph nodes, fever, fatigue, weight loss and night sweats are often seen in patients with the flu or common cold.

Breast cancer—According to the Susan G. Komen Foundation, approximately 16% of breast cancer cases are not detected by mammograms. This delay in detection and diagnosis can result in a patient having to undergo more invasive treatment such as surgery. Conversely, misdiagnosis of benign tumors or cells that will not result in cancer can lead to patients receiving drastic treatment for no reason.

Colorectal cancer—Colon cancer often begins as a noncancerous tumor called a polyp. If doctors fail to recommend or perform a colonoscopy on high-risk patients or those 50 and older, these polyps may develop into cancer.

Lung cancer—The second-most common cancer in the United States, lung cancer can be difficult to detect in the early stages. It may be misdiagnosed as asthma, bronchitis, pneumonia, COPD, or even tuberculosis. Although lung cancer is highly treatable at the early stages, the survival rate is less than 10% if it progresses to stage four.

Skin cancer—Another commonly misdiagnosed cancer is melanoma, which can be fatal. Doctors may fail to recognize irregular skin markings and growths, which can enable melanoma to progress fairly rapidly. In addition, when biopsies are taken, pathologists in the lab may not accurately identify some types of skin cancers.

It is always a good idea to get a second opinion if you are diagnosed with cancer or believe you may have cancer. If you or a loved one has been misdiagnosed or has suffered due to delayed diagnosis, contact a medical malpractice attorney.

This blog was originally posted on https://www.pa4law.com/how-common-are-cancer-misdiagnoses-in-medical-malpractice-claims/

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