New York City Breast Cancer Misdiagnosis Lawyers

Last updated on May 7, 2026

When it comes to breast cancer, a misdiagnosis, delayed diagnosis or failure to diagnose can be highly detrimental to your health. This can delay treatment and allow the disease to progress, sometimes leading to a terminal diagnosis.

At Paul B. Weitz & Associates, PC, in New York City, we have successfully reached over 1,000 verdicts and settlements and have recovered more than $1,000,000,000 for our clients. Call us for a free initial consultation if you have suffered a misdiagnosis or a delayed breast cancer diagnosis due to medical malpractice and/or negligence. We will fight for maximum compensation for you.

How Is Breast Cancer Diagnosed?

Breast cancer is generally diagnosed in a few different ways by medical professionals, including:

• A clinical breast examination
• A self-exam
• A mammogram
• An MRI
• A breast biopsy
• A sonogram

Failure to perform the proper diagnostic tests, leading to a delay or the wrong diagnosis, can be an example of medical malpractice.

What Are Common Examples Of Breast Cancer Malpractice?

Below are a few situations that may constitute medical malpractice.

• The doctor makes the wrong diagnosis.
• The doctor reads the scans incorrectly.
• The doctor doesn’t carry out the correct tests.

Every situation is unique, so you must understand your options in your specific case.

Dense Breast Tissue And Radiology Oversight In New York

Dense breast tissue is relatively common. Women with dense breast tissue have more connective tissue and less fat in their breasts. Approximately half of women over the age of 40 have at least some dense tissue in their breasts. Unfortunately, this compromises the accuracy of mammogram tests, as both tumors and dense tissue appear white in the test results.

Dense breast tissue is also associated with increased breast cancer risk. As such, physicians generally need to order additional testing after a mammogram identifies dense tissue, often through ultrasound screening or an MRI test.

Under New York state statutes, physicians must notify patients about their dense breast tissue and how it could affect cancer screening. Insurance companies must cover the supplemental screening required when mammograms reveal dense tissue.

The failure to communicate with the patient about the tissue present in their breasts, the risk it poses and the need for supplemental screening can potentially constitute malpractice, as it deviates from overall best practices and state requirements.

How Does Failure To Diagnose Breast Cancer And Cancer Misdiagnosis Occur?

Miscommunication issues are a common factor in breast cancer misdiagnosis cases. A doctor could also make a mistake because they are fatigued, under the influence, in a rush or experiencing burnout.

What Are The Consequences Of Failure To Diagnose, Delayed Diagnosis Or Misdiagnosis Of Breast Cancer?

A delayed diagnosis of breast cancer can have serious ramifications, as it allows the cancer to spread even after any biopsies. When cancer spreads, it becomes more difficult to treat and could lead to a wrongful death.

Can You Sue Your Doctor If They Said Your Mammogram Was Normal?

Yes, you could potentially hold your primary care physician or the radiologist reviewing test results accountable for overlooking mammogram abnormalities. Failing to properly assess mammograms and other cancer screening tests can lead to diagnostic delays that have devastating consequences for patients.

General practitioners who order testing and radiologists who analyze mammogram results should employ adequate care during the testing and review process to validate if there are abnormalities present. In cases where a patient’s physiological characteristics may undermine the accuracy of mammogram testing, ordering secondary testing may be necessary.

Diagnostic delays can result in cancer progressing. If another physician or radiologist could have identified an abnormality or recognized the need for additional testing, the patient may have grounds for a malpractice lawsuit.

How Can A New York City Breast Cancer Misdiagnosis Lawyer Help With Your Case?

Your New York City breast cancer misdiagnosis attorney can help you evaluate your medical records, gather evidence of diagnostic failures and oversee the process of holding medical professionals accountable.

Your attorney can offer services, including:

• Evidence gathering and analysis: Assessing records, working with medical professionals to validate deviations from best practices, connecting diagnostic delays to a worse prognosis and estimating total losses
• Managing paperwork: Sending demand claims to medical practices, filing a malpractice insurance claim and petitioning the courts to begin a lawsuit
• Overseeing negotiations and litigation: Managing insurance communications and court preparation so you can focus on your recovery

Your attorney can manage all of the challenges associated with a malpractice claim so that you can focus on completing your treatment regimen and recovering as fast as possible.

Call Now For A Free Consultation With A NYC Breast Cancer Misdiagnosis Attorney

With a serious disease like cancer, it is important to contact a lawyer as soon as possible – before evidence disappears or gets obscured. Contact us online or dial 646-916-3179 now to set up your free consultation with our experienced NYC breast cancer misdiagnosis attorneys.