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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.