Causes of breast cancer malpractice litigation. A 20-year civil court review.
To determine objectively the patient and physician factors that lead to breast cancer malpractice litigation, a review was undertaken of all cases tried in the US federal and state civil court system over a 20-year period from 1971 through 1990. Forty-five cases were identified and all involved a delayed diagnosis of breast cancer (the mean delay was 15 months). The patients were young (mean age, 40 years). Of 45 cases studied, the majority of patients (37 [82%]) found a painless mass by self-examination of the breast. Only 22 patients (49%) had further workup, mostly by mammography (20 [44%]). The results of 16 mammograms (80%) were read as normal. Obstetricians and gynecologists were involved in the greatest number of cases (21 [50%]), followed by family practitioners and internists (17 [41%]), general surgeons (12 [28%]), and radiologists (4 [10%]).
Kern
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Department of Surgery, Hartford Conn Hospital.
D000328:Adult; D001706:Biopsy; D001943:Breast Neoplasms / Q000175:diagnosis* / Q000000981:diagnostic imaging / Q000473:pathology; D016504:Breast Self-Examination; D016208:Databases, Factual; D003951:Diagnostic Errors; D005260:Female; D006801:Humans; D016365:Liability, Legal / Q000191:economics; D008318:Malpractice / Q000191:economics / Q000706:statistics & numerical data*; D008327:Mammography; D008511:Medicine / Q000706:statistics & numerical data*; D008875:Middle Aged; D009367:Neoplasm Staging; D012044:Regression Analysis; D013038:Specialization; D013997:Time Factors; D014481:United States