BREAST-CANCER MALPRACTICE LITIGATION IN NEW-YORK-STATE

PURPOSE: To identify causes of purported malpractice in diagnosis and treatment of breast cancer. MATERIALS AND METHODS: The authors reviewe d cases from The New York Jury Verdict Reporter listed between 1985 an d 1991 to look for those in which there was alleged delay in diagnosis or treatment of breast cancer. RESULTS: Of 34 cases identified, 32 (9 4%) were based on presumed delay in diagnosis and only two (6%) on cla ims of therapeutic malpractice. Delay in diagnosis was commonly claime d in patients younger than 50 years (76%). Palpable masses were presen t in 94% of these cases. Either mammograms were not obtained (16 cases , 50%) or findings were interpreted as normal or as fibrocystic diseas e (12 cases, 38%). Specialists most frequently cited were gynecologist s (16 of 39, 41%). Highest awards (greater than or equal to $1 million ) were more commonly given to patients younger than 50 years with prov ed distant or nodal metastasis (six of 34, 18%). CONCLUSION: Emphasis on early diagnosis has led to the perception that purported delay in d iagnosis, however short, even in the presence of a palpable mass, chan ges the chances for survival.