Chicago Breast Cancer Misdiagnosis Lawyer

If you or a loved one suffered harm due to a delayed or incorrect breast cancer diagnosis, a Chicago breast cancer misdiagnosis lawyer from Rosenfield Injury Lawyers can help you seek compensation.

A breast cancer misdiagnosis can have devastating consequences, leading to delays in treatment, unnecessary procedures, or even wrongful death. When a doctor fails to diagnose cancer or misinterprets test results, patients lose valuable time that could have been used for life-saving treatment.

Consequences of Delayed Breast Cancer Diagnosis

A delayed breast cancer diagnosis allows the disease to progress, often requiring more aggressive treatment and reducing the chances of survival. Early detection is key, as breast cancer diagnosed in its early stages is more treatable.

When a doctor misses a diagnosis, cancer can spread to the lymph nodes or other organs, making treatment more difficult. Patients may face harsher therapies, such as chemotherapy or mastectomies, instead of less invasive options.

In cases of invasive breast cancer, treatment timing can mean the difference between survival and fatal outcomes. If negligence caused your delayed diagnosis, legal action may be necessary.

Common Types of Breast Cancer Misdiagnosis

A misdiagnosed breast cancer case can lead to delays in treatment, more aggressive therapies, and lower survival rates. Doctors may fail to diagnose cancer, mistake it for a benign condition, or misinterpret test results. Understanding how these errors occur can help patients recognize medical negligence and take legal action.

Failure to Diagnose Breast Cancer

A failure to diagnose breast cancer occurs when a doctor dismisses symptoms or does not order further screening despite abnormal findings. Patients who report common cancer symptoms—such as lumps, nipple discharge, or skin changes—may be sent home without proper evaluation. Sometimes, a healthcare provider may misread a screening mammogram, assuming no further testing is needed.

Without an accurate diagnosis, breast cancer can progress unchecked, reducing treatment options and survival rates. If a doctor’s negligence leads to a missed diagnosis, the consequences can be life-threatening, and victims may have grounds for a lawsuit.

Misdiagnosing Breast Cancer as a Benign Condition

Breast cancer can sometimes be mistaken for a noncancerous condition, leading to delays in treatment. Doctors may diagnose a cancerous lump as a cyst, fibrocystic breast disease, or an infection instead of ordering a biopsy or additional imaging.

Some types of cancer, such as triple-negative breast cancer, can appear similar to benign conditions, increasing the risk of misdiagnosis.

When medical professionals fail to recognize cancer symptoms or dismiss concerns too quickly, patients may go months or even years without the correct diagnosis. By the time the mistake is discovered, the cancer may have advanced, requiring more aggressive treatment.

Delayed Diagnosis Due to Negligent Interpretation of Tests

Diagnostic errors often occur when medical professionals misread mammograms, biopsies, or other tests. A radiologist may overlook small tumors on a mammogram, or a pathologist might misinterpret a tissue sample, leading to a missed diagnosis.

Errors in diagnostic tests can delay necessary treatment, allowing the cancer to spread. Delayed diagnoses are especially dangerous for aggressive cancers, such as invasive breast cancer or triple-negative breast cancer, which require early intervention.

Negligent physicians who fail to properly review test results put patients at serious risk. Victims of these errors may be entitled to compensation through a medical malpractice lawsuit.

Negligence in Breast Cancer Misdiagnosis Cases

Negligence occurs when a healthcare provider fails to meet the standard of care, leading to a misdiagnosis or delayed diagnosis. In breast cancer cases, this can result in serious harm, including disease progression and limited treatment options. Understanding how negligence contributes to misdiagnosis is essential for patients seeking legal recourse.

Establishing a Breach of the Standard of Care

The standard of care refers to the level of skill and attention a competent medical professional would provide under similar circumstances. When a doctor fails to recognize cancer symptoms, misinterprets tests, or does not order appropriate testing, they may be breaching this standard. 

In medical malpractice cases, proving a breach requires demonstrating that another qualified healthcare provider would have acted differently and, in doing so, would have diagnosed the breast cancer sooner. If a doctor’s negligence led to a misdiagnosis, the patient may have grounds to pursue compensation for medical expenses, lost wages, and pain and suffering.

Common Examples of Negligence

Negligence in breast cancer misdiagnosis cases can take many forms. Some common examples include:

• Ignoring symptoms – A doctor may dismiss complaints of lumps, breast pain, or nipple discharge without further evaluation.
• Misreading screening results – Radiologists and pathologists may overlook cancerous cells in a mammogram or biopsy.
• Failing to order additional testing – A doctor may neglect to follow up with a biopsy after an abnormal mammogram.
• Delaying referrals to specialists – A primary care physician might not send a patient to an oncologist despite the symptoms.
• Failure to communicate results – Patients may not be promptly informed of abnormal results, delaying treatment.

Failure to Order Appropriate Diagnostic Tests

A timely breast cancer diagnosis depends on ordering the proper tests when symptoms or risk factors are present. If a doctor suspects cancer, they should request a screening mammogram, ultrasound, or biopsy to examine breast tissue more closely. Negligence occurs when a doctor dismisses symptoms without testing or fails to recommend further screening after abnormal findings. 

Patients with dense breast tissue, a history of breast cancer, or a family history of common cancers like cervical cancer or lung cancer may require additional imaging to detect early signs of disease. A misdiagnosis or delayed diagnosis can have devastating consequences without these essential tests.

Negligent Interpretation of Mammograms or Biopsy 

Radiologists and pathologists play a critical role in diagnosing breast cancer, but their mistakes can lead to life-threatening delays. A radiologist may misread a mammogram, failing to detect a tumor. A pathologist analyzing a sample might incorrectly classify cancerous cells as benign. 

These errors can result in misdiagnoses or unnecessary treatments for conditions that do not exist. Misinterpretation is particularly dangerous with triple-negative breast cancer, an aggressive form that requires immediate treatment. Patients trust medical professionals to provide an accurate diagnosis, but when diagnostic errors occur, it can be grounds for a medical malpractice lawsuit.

Failure to Properly Follow Up on Abnormal 

Prompt follow-up is essential when a test result indicates a possible cancer diagnosis. If a mammogram detects abnormalities, further screening—such as a biopsy or MRI—should be performed to confirm the presence of cancer. Some doctors fail to take the necessary steps, assuming the abnormality is benign or failing to inform the patient of the findings. 

Delays in follow-up care can allow invasive breast cancer to spread, limiting treatment options. Whether due to poor communication, misplaced medical records, or simple oversight, failing to act on abnormal results is a serious negligent act.

Inadequate Physical Examination

A proper breast exam is a crucial part of early detection. Doctors should perform routine clinical breast exams to check for lumps, swealling, or skin changes. Failing to conduct a thorough exam—or skipping it entirely—can lead to a misdiagnosis. This is especially dangerous for patients with dense breast tissue, where mammograms alone may not be sufficient. In some cases, doctors assume that younger patients are at low risk, overlooking early warning signs. When a doctor’s negligence fails to detect cancer during a physical exam, patients lose the opportunity for early diagnosis and treatment.

The Role of Expert Witnesses

Proving medical negligence in a cancer misdiagnosis lawsuit requires testimony from expert witnesses. These medical professionals review medical records, diagnostic tests, and the actions of the treating doctor to determine whether a breach of the standard of care occurred. Oncologists, radiologists, and pathologists can provide insight into what should have been done differently to diagnose cancer sooner. 

Their testimony helps establish how the misdiagnosis led to a serious injury, disease progression, or wrongful death. Without expert witnesses, it can be challenging to prove that a doctor’s actions—or inaction—directly caused harm. Their role is essential in holding negligent doctors accountable.

Types of Recoverable Damages

Victims of breast cancer misdiagnosis may be entitled to compensation for both economic and non-economic damages.

Economic damages reimburse victims for measurable financial losses, including:

• Medical expenses – Covers costs for additional treatments, surgeries, chemotherapy, radiation, and other necessary care resulting from a misdiagnosis.
• Lost wages – Compensation for time missed from work due to illness or extended treatment.
• Reduced earning capacity – If a misdiagnosis affects a victim’s ability to work in the future, the victim may recover damages for lost earning potential.

Non-economic damages address the emotional and physical impact of cancer misdiagnoses, including:

• Pain and suffering – Compensation for the physical pain and emotional distress caused by delayed or improper treatment.
• Loss of enjoyment of life – Damages for the diminished ability to participate in activities and daily life.
• Emotional distress – Anxiety, depression, and mental anguish resulting from the doctor’s negligence.

In wrongful death cases, families may seek compensation for funeral expenses, loss of companionship, and other related losses.

Statute of Limitations for Breast Cancer Misdiagnosis Claims 

In Illinois, victims of breast cancer misdiagnosis must file a medical malpractice lawsuit within a specific time frame, known as the statute of limitations.

Under 735 ILCS 5/13-212, a patient generally has two years from the date they discovered—or reasonably should have discovered—the misdiagnosis to file a claim. However, no case can be filed more than four years after the medical negligence occurred, regardless of when the misdiagnosis was found.

The law allows minors to file lawsuits until their 22nd birthday if the negligence happened before they turned 18.

In cases of wrongful death, the deceased’s family typically has two years from the date of death to file a claim (740 ILCS 180).

Why Choose Our Chicago Breast Cancer Misdiagnosis Attorneys?

A breast cancer misdiagnosis can change your life, but you don’t have to face the legal process alone. At Rosenfield Injury Lawyers, we have the experience, resources, and dedication to fight for your deserved compensation. Our Chicago misdiagnosis attorney team understands the devastating impact of a delayed diagnosis and is committed to holding negligent medical professionals accountable.

Proven Track Record in Medical Malpractice Cases

Our Chicago cancer misdiagnosis lawyers have successfully handled numerous cases, securing compensation for victims of diagnostic errors, failure to diagnose, and other forms of negligence. Our law firm has taken on doctors, hospitals, and insurance companies, achieving results for clients who suffered due to delays in treatment or incorrect breast cancer diagnosis.

Our experienced cancer misdiagnosis attorney team is known for aggressive advocacy and skilled negotiation, ensuring clients receive the financial recovery they need for medical expenses, lost wages, and pain and suffering. If a breast cancer misdiagnosis has impacted your life, our experienced attorneys are prepared to fight for you.

Compassionate and Personalized Legal Representation

Our Chicago medical malpractice lawyers understand that a cancer misdiagnosis is more than just a legal case—it’s a deeply personal and emotional experience.

A doctor’s negligence can leave you feeling overwhelmed, angry, and uncertain about the future. That’s why our team takes a personalized approach, offering compassionate legal support tailored to your unique situation. A Chicago cancer misdiagnosis lawyer will listen to your concerns, guide you through the legal process, and keep you informed every step of the way.

Our goal is to ease your burden so you can focus on your breast cancer treatment and recovery while we handle your case with care and dedication.

Resources and Expertise to Build a Strong Case

Winning a cancer misdiagnosis lawsuit requires strong evidence, expert testimony, and skilled legal strategy.

Our medical malpractice lawyers have access to top medical experts, including oncologists, radiologists, and pathologists, who can review your medical records and testify about how negligence led to your missed diagnosis. We also work with investigators to gather documentation, examine screening results, and identify doctor errors.

With these resources, we build compelling cases demonstrating how a timely diagnosis could have prevented harm. Whether negotiating with an insurance company or taking your case to court, we have the expertise to fight for the compensation you deserve.

Book a Free Consultation!

If you or a loved one has suffered due to a breast cancer misdiagnosis, you deserve justice and compensation. The Chicago cancer misdiagnosis lawyers at Rosenfield Injury Lawyers are ready to fight for you.

We work on a contingency fee basis, meaning you pay nothing unless we win your case. To schedule a free consultation with a Chicago personal injury lawyer, call us at (888) 424–5757 or fill out our contact form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.