breast cancer misdiagnosis lawsuit

My wife was misdiagnosed and was not properly treated which resulted in her getting DCIS Breast Cancer…She was scheduled for a Lumpectomy and 2 days before her surgery her MD called her and said that another Radiologist found more cancer so she had to get a double Mastectomy and she even had problems with her reconstructive surgery…

Asked on May 15, 2016 under Malpractice Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the misdiagnosis was due to doctor carelessness or negligence-missing something that a reasonable doctor should not have missed, or not ordering tests or scans which he should have--then this may have been malpractice, and you and your wife may be entitled to compensation for pain and suffering, life impairment, and additional medical costs. If you feel this was the case, consult with a medical malpractice attorney: many provide a fee initial consultation to evaluate a case, and you can ask about his before making an appointment.
The isssue is, the doctor must have done something *wrong* and been careless: if the doctor did everything right but just missed something, but any reasonable doctor could have missed that, that is not malpractice and the doctoris not liable: the law does not hold doctors to a standard of perfection: there need merely be not careless.

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