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The second-highest cause of death in the U.S.A. is cancer, accounting for over 600,000 deaths a year. According to the American Cancer Society (ACS), breast cancer is the most common cancer diagnosed in women in the U.S. making up about 1 in 3 new cancer cases each year. In 2025, the ACS estimated that women would face 316,950 new invasive breast cancer cases and about 42,680 deaths from breast cancer.
The good news is that breast cancer is relatively easy to diagnose in most cases. It is also a part of a regular doctor’s exam. So good screening usually catches it. But mistakes can be made.
A failure to diagnose breast cancer lawyer is needed when a healthcare provider’s negligence leads to a delayed or missed diagnosis, resulting in harm, such as more aggressive treatment or a worse prognosis. This can happen if a doctor fails to follow up on symptoms, misinterprets imaging or biopsy results, or doesn’t order necessary screenings like mammograms. If this happens, a medical malpractice lawyer should investigate your case.
A good malpractice lawyer will help you understand your rights and seek compensation for damages, including medical expenses, lost wages, and pain and suffering, if a delay in diagnosis caused or increased your harm.
How Do I Know If I Have A Good Medical Malpractice Case?
Nobody can tell you if you have a good case for sure without seeing your medical records. Attorneys will review that for free as long as there is an indication that the case is worth looking into. When it comes to breast cancer that typically means:
- You have stage 3 or stage 4 cancer. If it is stage one or two then any negligence by the doctor likely did not cause a significant enough harm to justify the cost of the lawsuit, all of which is paid for by the lawyer. So unfortunately at times doctors do get away with being negligent. But the good news is that at stage one or two you should recover without a major harm. At least in comparison to what could have happened.
- How long was the delay in diagnosing you based on their negligence? We typically look for a delay of six months or more. That is because that timeline would show that the misdiagnosis resulted in a change in your ultimate outcome. That is not true for every case as some cancers are slow growing and some are rapid. But it is a good general guideline.
- How long do you have to sue? Generally speaking you have two years from when you knew or should have known malpractice occurred to sue. But you can’t go farther back than four years to sue if you were over 18 when the malpractice happened. So if the original doctor screw up was five years ago, there is likely nothing we can do.
- What other health issues do you have? It sounds unfair, but if a patient is misdiagnosed, but also has other major health issues, that can prevent there from being a case. That is because these other health issues can reduce your damages and/or create a defense.
- Did you ignore any advice from a doctor? If so, that can create a defense.
None of this should discourage you in any way. What lawyers want is what you should want which is the truth and to be able to hold someone accountable if they made a mistake.
The good news is that it costs nothing to have a consultation about medical malpractice and whether or not you have a case. And it costs nothing to hire a lawyer. Attorneys only get paid if they make a recovery for you.
In almost every case, a delay of six months or more makes your case worth investigating. This substantial delay can cause real harm, including:
- More invasive surgeries (mastectomy instead of lumpectomy)
- Higher chance of metastasis
- Fewer treatment options
- Longer recovery times
- Lower survival rates
- Higher emotional and financial strain
Compensation From A Successful Medical Malpractice Lawsuit
While every case is different, these cases can be worth millions of dollars depending on the evidence and the outcome. Some things you can be compensated for include:
- Past and future medical bills
- Lost income
- Loss of future earning capacity
- Pain and suffering damages
- Emotional distress
- Loss of normal life
- Wrongful death compensation
- Loss of companionship for families
We promise to treat your case with compassion and respect. We will give you the same legal guidance in a free case review that we would give to family members or friends. Our attorneys have been helping people find the best lawyer for their case since 2001.
We understand how overwhelming this situation is. Many people call us in tears, worried about their future. We listen, we support, and we point you in to the right failure to diagnose breast cancer law firm. If you believe your breast cancer should have been diagnosed sooner, we’re here for you. Please contact us at 312-346-5320 any time. We help people everywhere in Illinois.
