New research exploring breast cancer occurrence in women reveals how conditions can often be misdiagnosed by biopsy specialists.

The new study shows that pathologists often determine if cancerous conditions are present in the breast tissue correctly, yet they fall short when making the correct diagnosis in cases where the tissue is normal or has less serious conditions. Hence, a patient with a positive diagnosis is then at risk to be either under-treated or over-treated.

Up to Half of Breast Tissue Biopsy Diagnosis May be Incorrect

The study, published in the Journal of the American Medical Association, found that of the breast biopsy samples in the control group, 33 percent were misdiagnosed as worrisome or normal and 17 percent were mislabeled as having suspicious cells. In roughly half of the samples, when precancerous abnormal cells were present, a pathologist was able to diagnose it correctly. In other words, the study has seemingly shed light on the fact that diagnosis of precancerous cells was incorrect in almost half the cases examined.

In 13 percent of tissue specimens, pathologists mistakenly found suspicious cells and many times had trouble identifying a condition called DCIS—ductal carcinoma in situ. DCIS is the most common non-invasive form of breast cancer and develops first inside the milk ducts in the breast. Close to 60,000 women are diagnosed with DCIS each year—a statistical rise due to increased mammography use. Misdiagnosing DCIS, or identifying normal cells when cancerous ones are present, could mean a life or death situation for some women.

Misdiagnosis Results in Inadequate Treatment and Possible Medical Malpractice

Annually, over one hundred thousand U.S. women are diagnosed with cancerous breast cells and many of these women may not be receiving the proper amount of treatment for their situations. Pathology is an imperfect science. Therefore it is always important to obtain a second opinion when faced with a positive diagnosis for cancerous cells.

Failure to diagnose cancer in some situations may result in medical malpractice. Patients who believe they may have been the victim of medical malpractice or misdiagnosis should consult with a Westport personal injury attorney without delay to discuss their case. Richard Raphael, Attorney at Law, is proud to represent victims of medical malpractice in Connecticut.

Connecticut state laws that can affect a medical malpractice case are varied. Moreover, it can be confusing for some parties if they are exploring whether or not they might have cause to file a claim for medical malpractice or error. Like most states, Connecticut has a legal code that mandates a statute of limitations for a party’s eligibility to file a medical malpractice claim. However, there are exceptions that may apply to the statute of limitations depending on the circumstances of the case.

Standard Two Year Statute of Limitations

The standard deadline or statute of limitations gives a complainant two years to file a lawsuit. Missing the two-year window ends the ability to file a medical malpractice lawsuit unless one of the designated exceptions for missing the initial filing time period pertains to the case.

Discovery Rule Presents One Exception

The discovery rule applies as one of the potential exceptions to the initial or standard deadline. This rule pertains to situations where a complainant has not had the time or wherewithal to become aware that he or she might have a claim for the medical malpractice suit. In Connecticut, the discovery rule allows for the standard deadline of two years to begin once a party has had a reasonable amount of time to discover an injury related to the potential case of medical malpractice.

Other Exceptions

There are additional exceptions to the statute of limitations in Connecticut. Various circumstances of the case will potentially determine if a deviation from the statute limitations will be allowed. For instance, if a defendant moves to another state after the malpractice was committed or is found to have fraudulently concealed the malpractice, the statute of limitations may be modified.

Statute of Repose

Another element of the statute of limitations is known as the statute of repose. This is a definite deadline for malpractice suits to be filed, regardless of when a plaintiff discovered an injury that was caused by medical malpractice or error. In Connecticut, there is a three-year statute of repose for filing of medical malpractice claims—no matter when the injury was discovered.

In several states, a medical malpractice lawsuit will have a limit or cap on the total amount of compensation that can be recovered by an injured party. However, in Connecticut there is no such award of damages limit in a medical malpractice case.

Consult with a CT Medical Malpractice Attorney Today

If you suspect that you or a family member has been the victim of medical malpractice or error, please do not delay in consulting with a Westport personal injury attorney to discuss your case today. Attorney Richard H. Raphael has the knowledge and experience to manage your case so you can focus on recovery. Call 203-226-6168 today.

The most catastrophic injuries in hospitals are not always the ones seen in an emergency room. In 2010, misdiagnosis, failure to diagnosis, and medical error—generally described as “bad hospital care” by the Office of Inspector General for Health and Human Services—contributed to the deaths of 180,000 patients in Medicare. Additionally, in 2013, a study published in the Journal of Patient Safety stated that those numbers are much higher—between 210,000 and 440,000 patients annually. 

Brain Injury and Jaundice in Newborns

Kernicterus, a relatively rare yet severe form of jaundice, can cause brain damage in babies if left undiagnosed and untreated. Surprisingly, 60 percent of newborns are diagnosed with jaundice, which is the result of a baby’s liver not adequately removing excess bilirubin.

Bilirubin is a naturally occurring substance in the blood, which is removed by the liver. A low-level build-up of bilirubin is normal in newborns, and can often cause mild jaundice in babies. Additionally, it can sometimes take a few days for a newborn’s liver to function properly to remove the excess bilirubin, which is why mild jaundice is normal. However, if a newborn has jaundice and it is not properly monitored by doctors and hospital staff, it can become a serious problem and lead to severe brain damage for which the hospital would be liable.

Treatment for severe jaundice can include phototherapy, which alters the bilirubin in a baby’s blood from toxic to non-toxic. But in some severe cases, such as those that lead to kernicterus, a more extreme treatment such as a blood exchange transfusion may need to be employed to ensure the safety of the child. Hence, diligent monitoring is essential to help prevent the extreme from occurring.

Contact a Compassionate Medical Malpractice Attorney

If you or someone you know had a newborn suffer from misdiagnosed jaundice or kernicterus, you may be eligible for compensation. Contact a compassionate Connecticut medical malpractice attorney today to discuss your case and your options.