Women's Breast Cancer Death Was Preventable
The estate of a Massachusetts woman who died of breast cancer recently settled a lawsuit against the gynecologist who misdiagnosed the cancer, allowing it to spread until it was too late to be treated.
The woman (whose name is confidential according to the settlement terms) was 33 when she noticed a lump in her right breast. She went to a gynecologist, who felt the lump and ordered a mammogram. The test showed an area of increased density in the area of the lump, but the doctor ordered no further tests.
The woman returned to the doctor for annual exams through her 34th and 35th birthdays. On each occasion, the doctor felt the lump and noted it in his medical records but failed to schedule any follow-up mammograms or other tests.
At the woman's next annual exam a year later, the doctor noticed that the lump had grown so large that it took up nearly three-quarters of the breast. He immediately ordered a biopsy, which showed that the woman had invasive breast cancer. The cancer had spread to the woman's lymph nodes. Although she immediately underwent a lumpectomy followed by intensive chemotherapy and radiation treatments, the cancer spread to her liver. She died a few years later at age 45, leaving behind her husband and daughter.
The woman's estate sued the doctor, alleging he had breached the standard of care by failing to do follow-up testing. In pretrial proceedings, the doctor acknowledged that a physician can never tell a cancerous mass from a benign one by touch alone and that there were any number of tests he could have ordered to determine whether the lump was cancerous.
The parties agreed to settle the claim for $750,000.
Although this case is a tragic one, it is not an isolated incident. Breast cancer, and especially a delay in its diagnosis, accounts for more medical negligence claims than any other single disease or condition, according to a study released in October 1995 by the Physician Insurers Association of America. The study identified 12 reasons for a delay in diagnosis. One of the leading reasons was the physician's failure to follow up with the patient in a timely manner.
Lawsuits like this one involving the Massachusetts woman show how the civil justice system works to compensate people injured by medical negligence. These suits also bring important public health concerns to light and, it is hoped that they will encourage doctors to reexamine their practices to ensure that they are giving the best possible care. Timely detection by trained health care professionals can help women win the fight against breast cancer.
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