Historical Trends in Breast Cancer Litigation: A Clinician’s Perspective

Abstract

If clinical situations frequently leading to the missed diagnosis of breast cancer could be predicted, they could be avoided more easily. Therefore, the focus of a policy of risk prevention in breast cancer diagnosis depends upon an understanding, of which patients and physicians fall into a high-risk profile for frequent diagnostic errors. Drawing upon recent analyses of errors in diagnosis of breast cancer that were derived from three recent clinical studies with distinct viewpoints (including an analysis of civil court litigation, a large insurers claims survey, and a physician survey of individual malpractice claims), a profile of high risk for misdiagnosis is created and analyzed. In particular, a triad of error is discussed, involving (1) young patients, with (2) self-discovered breast masses, and (3) negative mammograms.