title: Missed breast cancer: the legal factors.
abstract: Any reading of the relevant legal authorities confirms the special difficulties involved in the diagnosis of breast cancer. In many cases a delayed diagnosis of breast cancer is made at a time when a patient's position has become terminal. It is an easy task for lawyers and expert witnesses to determine in hindsight what should have been done at some point in the past. This article describes how the courts have dealt with this issue and comments on appropriate procedures and approaches to both protect the interests of the patient and confine liability for the medical practitioner.
authors.affiliation: Law Faculty, Bond University, Gold Coast, Qld 4229, Australia.
authors.forename: Michael
authors.initials: M
authors.lastname: Weir
mesh_terms: D001315:Australia; D001943:Breast Neoplasms / Q000175:diagnosis*; D002983:Clinical Competence / Q000331:legislation & jurisprudence; D003951:Diagnostic Errors / Q000331:legislation & jurisprudence* / Q000517:prevention & control; D005260:Female; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence*; D008499:Medical Records / Q000592:standards; D010808:Physical Examination / Q000592:standards; D013997:Time Factors