Breast Cancer Misdiagnosis Settlements – What Is Typical?

UPDATED: Jul 12, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 12, 2023

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UPDATED: Jul 12, 2023Fact Checked

When a doctor has misdiagnosed your breast cancer or hasn’t diagnosed it in a timely manner, there is nothing more important than seeking adequate medical care immediately. Suing a doctor is probably the last thing on your mind. However, if that doctor was at fault, he or she should be held responsible for their actions and you should be compensated.

It is impossible to gauge what a typical settlement in a breast cancer misdiagnosis case might be because the facts and circumstances of each case are different. Here are a few examples of settlements from Attorney Hodes:

  • $150,000 – A woman in her mid 60’s had a mammogram screening which was read as negative. She had another the following year which was read as positive, began chemotherapy and had a partial mastectomy. Afterwards, it was discovered that the first mammogram may have been misread and her course of treatment and prognosis were affected as a result.
  • $1,000,000 – A pregnant woman in her mid 30’s discovered a lump on her breast. Her doctor recommended that she should follow up on the lump after delivering the baby. She did so, and while the doctor removed fluid from her breast several times, but did not perform an actual biopsy until several months later. The biopsy showed that she had Stage III-B breast cancer. She underwent a radical mastectomy and chemotherapy, but the cancer had already spread to other areas of her body. Later reports showed that her cancer would likely have been curable had a biopsy been performed immediately.

As you can see, every settlement amount depends upon the facts and circumstances of the situation. Thousands of settlements have been awarded over the years, some for less than what is reported above, some for more. Only a qualified attorney can tell you what your case might be worth. To contact an attorney in your area, click here.

Case Studies: Breast Cancer Misdiagnosis Settlements

Case Study 1: Failure to Follow Up

Sarah discovered a palpable lump during a breast examination and promptly sought medical attention. However, her primary care physician failed to follow up appropriately, neglecting to order an ultrasound and biopsy despite the presence of a clinically palpable mass. As a result, Sarah experienced a delayed diagnosis and suffered from prolonged treatment and potential impacts on her prognosis. The settlement amount reached in Sarah’s case reflects the severity of the physician’s negligence and the harm caused.

Case Study 2: Misreading Imaging Studies

Alex underwent mammogram and ultrasound studies to evaluate a suspicious breast mass. Unfortunately, the radiologist misread the results, leading to a delayed diagnosis. As a consequence, Alex faced unnecessary suffering and potential complications due to the delayed initiation of appropriate treatment. The settlement obtained in Alex’s case highlights the responsibility of the healthcare professional in accurately interpreting imaging studies to ensure timely and accurate diagnoses.

Case Study 3: Pathologist Error

Emily’s case involved a misread biopsy slide by a pathologist, leading to an incorrect diagnosis and subsequent delayed treatment. This error caused additional distress for Emily and potentially impacted her long-term prognosis. The settlement amount obtained in Emily’s case reflects the significance of the pathologist’s error and the consequences it had on her health and well-being.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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