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Breast Cancer Claims

BY Howard J. Levin
August 27, 2009

As breast cancer screening evolves in the digital age, so do the issues confronting lawyers. Advances in medicine offer women more effective screenings with greater opportunities for early detection and diagnosis, and as digital screening becomes more widely available, it has been asserted that cancer is being detected earlier and with greater accuracy. While this should reduce the number of missed claims, unfortunately, errors might still occur. As lawyers representing women in cases involving misdiagnoses, we have to keep up with technological developments.

Anatomy of a Breast Cancer Claim

According to the Physicians Insurers Association of America, since 1985, more than $304 million has been paid in breast cancer claims on behalf of physicians nationwide. In fact, a study involving 25 insurance companies found malpractice claims against radiologists comprise 33% of all claims, with “mammogram misread” being the most common allegation.

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