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.

According to the Centers for Disease Control and Prevention (CDCP), vehicle crashes are the number one cause of death for people between the ages of one and 54 in this country. Another 2 million people are injured in car accidents. However, study after study has proven that seat belts save lives.

When used correctly, seat belts cut down the number of car accident fatalities by 60 to 70 percent. Additionally, seat belts reduce how serious sustained injuries can be for car crash survivors.

Many injuries are caused when a person slams into parts of a vehicle’s interior during a crash, such as the steering wheel, dashboard, windshield, and doors upon crash impact. Moreover, fatal injuries can occur when victims are thrown from a vehicle in a crash because they were not wearing a seat belt. Wearing a seat belt, however, helps keep car occupants in place and may stop individuals from being ejected.

Yet, despite these studies, there are drivers and passengers who continue to refuse to buckle up. In 2012, more than half of the teenagers killed in crashes were not wearing seat belts.

The people most likely to not wear seat belts include the following:

• Adult males between the ages of 18 and 34 — Males are 10 percent more likely not to wear a seat belt than females;
• Adults who live in rural areas — Approximately 85 percent of adults who live in urban areas wear seat belts, compared to 78 percent of adults living in rural areas; and
• States which have secondary or no enforcement laws — States which have primary enforcement laws have a higher rate of citizens who use seat belts than those which have secondary or no enforcement laws.

The state of Connecticut has a primary seat law—all drivers, front seat passengers, and back seat passengers between the ages of 4 and 16 must wear a seat belt. An adult, 18 years or older, who fails to buckle up can be fined $92.00 for a first offense. For drivers and passengers under the age of 18, the fine is $120.00.

Although it is important for all individuals to wear a seat belt while in a vehicle, unfortunately, seat belt use will not prevent all injuries from occurring. As long as there are negligent and unsafe drivers on the roads, vehicle occupants are all at risk. However, wearing a seat belt can make all the difference in whether or not a person survives a crash or becomes a statistic.

Speak with an Experienced Connecticut Car Accident Injury Attorney Today

If you or a loved one sustained serious injuries in a motor vehicle accident, please contact an experienced Westport personal injury attorney to see what legal compensation you may be entitled to for your pain and loss.