Delay in the diagnosis of breast cancer: medico-legal implications

Abstract

Delay in the diagnosis of breast cancer is an important cause of medical malpractice claims which if trends continue, will threaten healthcare budgets. Most malpractice claims are made by younger women. Delay is most frequently due to the physician failing to be impressed with the clinical findings, or to a false negative mammogram report. Diagnosis of breast cancer is more difficult in younger women, because of the poor sensitivity of diagnostic tests and the high prevalence of benign disease in this age group. Models of tumour growth suggest that the potential to metastasize may be present before the tumour is clinically detectable and that if the growth rate of a given tumour is constant, any clinical delay is a small proportion of the lifespan of the tumour.Patient delay is generally associated with more advanced lesions at presentation, but the effect of delay on survival or what period of delay is significant remains uncertain. Delay in the diagnosis of breast cancer is likely to cause the patient considerable anxiety, especially when the public understands that the aim of mammographic screening is to diagnose breast cancer at an early stage in order to effect a cure. For a plaintiff to successfully claim in court she must prove that she has suffered an injury, and that the injury was the result of negligent medical practice. It is easier to defend a case of delay in diagnosis if the documentation is in order and all the appropriate tests have been performed.