Was my doctor negligent in not ordering a mammogram?

In Aug 2013 I was diagnosed with stage 3a bilateral breast cancer resulting in a double mastectomy, chemo and radiation. I am still undergoing breast reconstruction after a rejection in 2015. I had asked my primary doctor earlier 2013 during a physical if I can get a mammogram since my mother and her sister were both diagnosed in the past. My doctor had told me no because I was not considered high risk since both my mother and aunt were in there 50’s. Should I consult a lawyer about this?

Asked on September 1, 2017 under Malpractice Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Medical malpractice is negligence. Negligence is the failure to exercise due care which is that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm.
This is foreseeable harm not unforeseeable harm.
It would be advisable to have your medical records reviewed by another doctor. If that second doctor writes a report supporting malpractice or not supporting malpractice, proceed accordingly.


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