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Most Common Diagnosis Error? Breast Cancer


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12/20/2012
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North Carolina medical malpractice lawyers at Brent Adams & Associates read a new report that shows failures to diagnose breast cancer are the top cause of malpractice claims against radiologists. The statistics, released by medical journal Radiology, is the result of a study that spans over 50 years of malpractice cases that involve diagnostic imaging.

As the second most common fatal form of cancer in women (lung cancer is the first), breast cancer is diagnosed in over 200,000 cases annually. Breast cancer will be diagnosed in 1 in 8 women at some point during their life, according to 2012 research from Breastcancer.org, a non-profit organization dedicated to providing reliable information about breast cancer.

Failure to diagnose, delayed diagnosis, misdiagnosis—all of these are valid medical malpractice claims that could follow the careless work of a negligent radiologist or physician. Before a victim can start a valid case, they must make sure they fall within the statute of limitations:

Medical malpractice laws in North Carolina are regulated by statutes of limitations. Depending on the type of malpractice case, victims may have extra time. The standard time is restricted to three years—which means victims have three years from the date that malpractice occurred to file a claim. However, there is also a discovery rule, which states victims have two years from the date of discovery to file a claim. (North Carolina statutes of limitations for malpractice cases are outlined simply and clearly here. ) This means if a woman discovers today her radiologist failed to recognize a mass on an image taken five years before, the woman would have two years from today to file a malpractice claim.

If the victim’s case still qualifies within the amount of time outlined above, the next step is acquiring a signed affidavit by a physician who will testify against the allegedly negligent healthcare provider. North Carolina medical malpractice lawyers in our Raleigh, Fayetteville and Dunn offices can help you attain this and prepare all necessary paperwork required to settle your case for as much as you are entitled to.



Category: Medical Malpractice


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