Client Results

$1.0 million -failure to diagnose breast cancer
$250,000 -racial discrimination
$30,000 – Jones Act
$2.0 million – failure to diagnose epidermal abscesses
$1.9 million - construction site accident, bulkhead collapse
$1.2 million – motorcycle accident
$550,000 – kite boarding/recreational boating accident
$680,000 – construction site accident verdict
$450,000 - condemnation case verdict
$1.75 million - unnecessary hysterectomy verdict
$400,000 – failure to diagnose brain tumor (delayed diagnosis)
$675,000 - failure to diagnose infection
$2.5 million – failure to diagnose gastric bleeding
$525,000 – crane accident
$500,000 - construction site collapse accident
$100,000 -surgical scar
$300,000 – tugboat accident
$600,000 – surgical error vs. the United States of America
$650,000 – failure to diagnose glaucoma
$1.75 million – wrongful hysterectomy verdict
$1.0 million – failure to diagnose cardiac anomaly
$3.0 million – failure to diagnose pulmonary embolism
$800,000 – failure to diagnose heart attack
$3,500,000 – failure to diagnose the cause of paralysis and start treatment
$1,300,000 – unsafe hospital conditions
$570,000 - failure to diagnose diabetes
$750,000 – failure to diagnose stroke
$750,000 – paralysis from operating table
$3.0 million – undisclosed birth injury
$575,000 – failure to diagnose malignant melanoma
$700,000 – failure to diagnose aortic aneurysm
$1.5 million – brain injury caused at birth
$1 million – failure to diagnose prostate cancer
$563,247 – operative error in child

Winning a Failure to Diagnose Breast Cancer Case

A failure to diagnose breast cancer may be a form of medical malpractice. In order to prevail in a medical malpractice case, (1) the standard of care in the medical community must be established – in other words, the care, examination, and treatment that should have been provided, (2) it must be shown that the physician or other health care provider failed to meet this standard of care, and (3) injury or damages resulted from such failure.

The Applicable Standard of Care for Breast Cancer Diagnosis

The first aspect of a failure to diagnose breast cancer case concerns the applicable standard that should have been followed by the physician or healthcare provider. To establish the standard of care required at trial, we sometimes consult with medical experts, such as physicians, nurses, radiologists and mammography experts. It is their role to review the medical records of the symptoms presented by our client when she first saw a doctor, and then to provide an opinion concerning the treatment that should have been undertaken based upon the medical records, such as further testing or biopsy.

If the medical expert or physician believes that a case of medical malpractice exists, we will usually proceed with filing a lawsuit. The testimony of our medical expert or physician (or other such experts or physicians), will be central at trial to our claim of proving medical malpractice.

Doctor Testimony Concerning a Case for Breast Cancer Misdiagnosis (or Failure to Make a Correct Diagnosis)

At trial, our medical expert or experts will testify as to why they believe that medical malpractice occurred. The defendant doctors may testify to the contrary. They may call their own experts at trial to provide an opinion as to why medical malpractice did not occur. Ultimately, it will be up to the jury to decide which medical experts are to be believed based upon the evidence.

It’s important to understand that the level of proof required in a civil case is different than the level of proof required in a criminal case. In a criminal case, proof of guilt must be “beyond a reasonable doubt;” this is a very high standard.

In a civil case, such as an action for malpractice or negligence, the standard of proof is usually a “more likely than not” standard. In other words, if a jury is 51% sure that medical malpractice occurred, this is enough of a threshold for damages to be awarded.

Damages for Medical Malpractice

If malpractice occurred, in order to recover compensation for breast cancer misdiagnosis, we document all damages suffered by our client so that we may ask a jury for an award for all such damages. These damages can include those for pain and suffering, medical bills and lost wages, and even the increased risk of premature death from the breast cancer.

We Work Hard to Prove Malpractice for Our Clients and the Damages that Result

Doctors, hospitals, and their insurance companies and lawyers will usually fight vigorously to avoid liability. We fight back.

Please call us to schedule a free, no-obligation appointment at your convenience so that we can meet with you and learn about your case. We represent clients on a contingency fee basis, meaning that there is no fee for us unless and until we recover for you.