Legal Question in Medical Malpractice in Louisiana

med. malpractice concerning routine testing-false negative results

I was diagnosed with breast cancer in May 1999 through a mammogram. I had a mammogram only 16 months previously which supposedly was normal. My tumor was huge(3.1cm). I had to have a modified radical mastectomy and am currently taking chemo and probably will get radiation also. I really feel that the tumor should have shown up on the earlier mammogram and it could have been overlooked by the radiologist. If so, it would have been caught earlier and I could have had a simple lumpectomy and possibly no chemo etc... I want to get my earlier mammogram looked at by another doctor to determine if it showed a tumor at that time but I don't know how to go about it. I feel that the Doctor I bring it to would be rather suspicious of my intentions and probably sde with the previous Doctors' finding even if there was something on the first mammogram. How or should I even pursue this? I know I'm just boing on a "hunch" but it will bother me forever if I don't know if the first mammogram was indeed positive. I am 37 years old.


Asked on 8/16/99, 11:54 am

1 Answer from Attorneys
David Austin Burke & Eisner, P.A.

Re: med. malpractice concerning routine testing-false negative results

I would be willing to talk with you further about this. What I can often do is request the mamogram and have it looked at by one of our experts. If he says that the cancer should have been caught in the earlier one, then you may be able to pursue a claim based on the misdiagnosis of cancer.

I have a few misdiagnosis of cancer cases including breast cancer. Please contact me at 1-800-838-0800. I am in the office today.

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Answered on 8/26/99, 11:47 am


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