Preventing the Delayed Diagnosis of Breast Cancer through Medical Litigation Analysis

Abstract

Breast cancer has been the focus of civil litigation for nearly a century. During these 100 years, the theories of medical liability have evolved significantly. Beginning with trauma as a compensable cause of breast cancer in the early part of the century, negligence litigation thereafter has been based upon technical misadventures of surgery, delays in diagnosis of cancer, and, more recently, on the specific loss of chance for survival resulting from failure to diagnose breast cancer promptly. Tracing the evolution of this litigation, through an analysis of clinical factors presented in actual civil court decisions, provides a method of understanding the changing basis for medical liability in breast cancer. In clarifying the principles behind these changes, this historical review suggests an approach to controlling the contemporary problem of breast cancer malpractice litigation.