Award-winning Delayed Breast Cancer Diagnosis Lawyers

Last updated on: August 23, 2021


If you or a loved one received a delayed cancer diagnosis, you may be frustrated, scared, and wonder what you can do next. We rely on doctors to tell us when we are sick and then to help us get better. If the doctor fails to properly diagnose us, especially when it comes to illnesses as serious as cancer, the consequences are often fatal.

When our clients are in this situation, the first question many of them ask is, “What do I do if my breast cancer diagnosis was delayed?” Many are surprised to learn that this type of medical malpractice may be grounds for a lawsuit. To learn whether you have a case, call one of our experienced personal injury attorneys today at (800) 863-5312 for a free case evaluation. Our medical injury lawyers are dedicated to helping you overcome this difficult time in your life.


According to the American Cancer Society, roughly 1 in 8 women in the United States will develop breast cancer in the course of their lifetime. Although cancer is not the sure death sentence today that it once was, breast cancer death rates among women are still higher than for every other form of cancer, and delays in diagnoses can greatly exacerbate the risk of death.

If you or a loved one has experienced a delayed breast cancer death or injury, you may have a case for a medical malpractice lawsuit. These lawsuits are complex and going through a lawsuit on top of handling a breast cancer injury can be difficult, but a good personal injury lawyer has the experience to successfully pursue a case. Our medical malpractice lawyers are here to help you navigate the process.

Why Do Delayed Diagnoses Happen and What Are the Associated Risks?

There are many reasons for why delayed breast cancer diagnoses take place. Sometimes even experienced physicians forget to order tests or miss obvious physical symptoms; sometimes tests are ordered but the radiologists misinterpret the results, and sometimes pathologists mistakenly identify cancerous biopsies as malignant. Unfortunately, some doctors fail to carefully listen to their patients or take the time to understand the patient’s complaints.

When it comes to cancer, many doctors are involved in every stop of the process. As much as we may wish otherwise, doctors are humans and make occasional errors, too. Unfortunately, sometimes these errors end up being life or death mistakes.

A delayed diagnosis poses many risks to the cancer patient. Many forms of cancer are treatable because doctors can prevent the cancer from spreading to different parts of the body; when a doctor fails to diagnose a patient right away, the patient grows weaker as the cancer grows stronger. According to the Dana Farber Cancer Institute, delaying diagnosis and therefore allowing the spread of the cancer into different parts of the body can turn a treatable cancer into a terminal illness.

Amidst the COVID-19 pandemic, delayed breast cancer screening has become a serious concern, and thus the risk of a delayed breast cancer diagnosis may be greater now than ever. Thus, it is important to reschedule any annual mammogram appointments you had that were postponed and push your doctor to carefully consider any symptoms you may be experiencing.

What Do I Do If My Breast Cancer Diagnosis Was Delayed?

If you are going through a tough time because your breast cancer diagnosis was delayed, you may understandably not know what to do or where to start. Our experienced medical malpractice attorneys understand that concern, which is why we want to inform you about your options.

1. Process this information and take care of yourself.

First things first, take a moment to process this information if you have not already. Discovering you or a loved one has cancer can be overwhelming, and so can discovering that your doctor did not diagnose you as early as he or she could have. It is important that you and your family soberly process this news but understand that you are not alone in this struggle.

2. Find a doctor whom you trust and seek treatment.

If you are the one struggling with the breast cancer injury, always take care of your health and wellbeing first, and find a doctor whom you trust and learn about all of your treatment options. If your loved one is the one struggling with the breast cancer injury, help them find a doctor whom they trust and make sure that they are informed about all of their options.

3. Document everything.

Next, obtain copies of all your medical records. You can do this by simply asking your previous provider for a copy. You should also document everything. This means you must keep a record of all communications between you and your previous provider, and make note of symptoms you are struggling with or other hardships you have faced such as days you had to take off of work. Your personal injury lawyer will use this documentation to strengthen your case.

4. Call one of our medical malpractice attorneys today.

These cases have so many complexities and require a lot of work, but our experienced personal injury attorneys are up for the challenge. We understand the fear and anxiety you are experiencing. We want to do everything we can to help you get the answers—and obtain the compensation—you deserve.


What Does a Plaintiff Need to Establish to Be Successful in These Claims?

Different states have different rules governing these types of cases, which is why it is so important to consult with a local medical injury lawyer. Generally, in order to be successful, you and your personal injury lawyer will need to show the following:

1. The medical professional owed you a duty of care.

2. The professional breached that duty of care by doing something that is considered less than the applicable standard of care or failing to do something that they should have.

3. The breach of the care was the cause of your delayed diagnosis.

4. Because of that delayed diagnosis, you suffered harm; for example, you incurred more medical bills than you would have, or you endured more pain and suffering.

This can be confusing. You may be asking yourself, “What is a duty of care?” or “What qualifies as a breach?” Those are good questions that will thoroughly be covered when you consult with a skilled medical injury lawyer about your breast cancer injury case.

How Long Do I Have To File A Claim?

How long you have to file a claim depends on the state in which you will be suing your doctor. Every state has a statute of limitations which is the period of time that you have to file your case after you were injured or after your injury became apparent to you. In many states this time period is two years, but you should consult with a local medical malpractice lawyer as soon as possible to make sure you have adequate time.

What Type of Compensation Might I Be Entitled to Receive?

Generally, plaintiffs in these types of cases are entitled to two kinds of damages: economic damages and non-economic damages. Economic damages are damages that are easy to pinpoint, such as medical expenses you had to pay or compensation for the time off work you had to take. Non-economic damages are a bit more difficult to ascertain; they include things like damages for pain and suffering and damages for future losses if the injury left you unable to return to work in the future.

Keep in mind that every case is different and there is no clear way to anticipate the exact amount of compensation for damages you might receive. Additionally, some states have caps on the amount in damages a jury can award. Nonetheless, at Zinda Law Group it is the goal of all of our personal injury lawyers to do our best to get every one of our clients the maximum amount of compensation possible.

Why Do I Need A Medical Malpractice Attorney?

As we mentioned earlier, these types of cases can be complex; if negotiations aren’t successful, then you will likely need to go to trial, which is incredibly difficult without a personal injury attorney by your side. An experienced medical malpractice attorney will know how to investigate the case and determine whether there was negligent care, track down important witnesses, and source the necessary experts to testify at trial. What’s comforting is that an experienced medical injury lawyer understands what you are going through and knows how to guide you through the entire process.


If you believe that medical malpractice was involved in the delayed diagnosis of you or a loved one, please call Zinda Law Group today at (800) 863-5312. Schedule a confidential, free case evaluation. Our experienced personal injury attorneys are waiting to listen to you, believe you, and fight for you.

Worried about how much a good lawyer will cost? No need; we understand that the last thing you need right now is the added expense of attorney costs on your plate, which is why we will not charge you a thing unless we prevail in your case. That is our “No Win, No Fee Guarantee.”

Meetings with attorneys are available by appointment only.