Failure to Diagnose Ductal Carcinoma in Situ

Ductal carcinoma in situ, or DCIS, is often referred to as Stage 0 breast cancer because it is a malignancy characterized by abnormal cells found in the lining of breast ducts that have not spread into surrounding breast tissue. When doctors identify and treat ductal carcinoma in situ, they can prevent it from becoming an invasive cancer. The failure to diagnose ductal carcinoma in situ, however, can lead to disease progression, which can negatively impact a patient’s treatment outcomes, prognosis, and overall health. If your doctor failed to diagnose ductal carcinoma in situ, causing you harm, you may be owed compensation, and you should contact a lawyer to discuss your rights. The seasoned Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are proficient at aiding victims of delayed and missed diagnosis in the pursuit of justice, and if you retain our services, we will fight aggressively to help you seek the results you deserve. We frequently represent people in medical malpractice claims in Syracuse, Rochester, and cities throughout Upstate New York.

Ductal carcinoma in situ typically does not cause any symptoms. Instead, it is usually diagnosed via a screening mammography followed by a biopsy. It is relatively common, however, and now accounts for approximately one-quarter of all breast cancer diagnoses in the United States each year.

The ultimate goal of ductal carcinoma in situ treatment is to minimize the risk of recurrence and progression to invasive breast cancer. Treatment options for ductal carcinoma in situ depend on factors such as the size and grade of the ductal carcinoma in situ, as well as the patient's overall health and preferences. Typically, surgery is the primary treatment, involving either lumpectomy or mastectomy. A doctor may choose to administer radiation therapy following a lumpectomy to reduce the risk of recurrence. Hormonal therapy, such as tamoxifen or aromatase inhibitors, may be recommended for hormone receptor-positive ductal carcinoma in situ. In certain cases, a doctor may choose to observe ductal carcinoma in situ, particularly if it is low-grade.

The failure to diagnose ductal carcinoma in situ often leads to the development of invasive breast cancer, which is not only more challenging to treat but also often comes with a worse prognosis. As such, people harmed by such errors will often seek to hold their treatment providers accountable via medical malpractice claims.

To establish liability for the failure to diagnose ductal carcinoma in situ a plaintiff in a medical malpractice case will usually have to prove the defendant’s negligence. To do so under New York law, the plaintiff first must demonstrate that the defendant owed them a duty and that the defendant breached the duty owed. In most instances, the duty a doctor owes a patient is to provide treatment that comports with the standard of care, which is what is considered the good and accepted practice of medicine in the community where the defendant practices. Any behavior that departs from the standard likely constitutes a breach.

Next, the plaintiff must offer evidence proving that the defendant’s deviation from the standard of care caused the plaintiff to suffer actual harm. Typically, this evidence comes in the form of expert testimony. Expert testimony is also usually required to establish the standard of care and the ways in which the defendant failed to uphold the standard. A plaintiff who demonstrates a defendant’s liability in a medical malpractice case may be awarded compensation for their economic and non-economic losses.

Women diagnosed with ductal carcinoma in situ often respond well to treatment, but if it goes undiagnosed, it may progress to invasive cancer, reducing the likelihood of long-term survival and impairing the quality of their life. If you were harmed by a doctor’s failure to diagnose ductal carcinoma in situ, you should confer with an attorney regarding your rights. The skilled Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers have the knowledge and experience required to succeed in claims against negligent healthcare providers, and if you engage our services, we will gather the evidence needed to provide you with a good chance of a favorable outcome. Our main office is located in Syracuse, and we often assist people in medical malpractice lawsuits in Syracuse as well as in Rochester and other cities in Upstate New York. You can reach us to set up a complimentary and confidential consultation by calling us at 833-200-2000 or via our online form.