Causes of breast cancer malpractice litigation. A 20-year civil court review
K. A. Kern
Department of Surgery, Hartford Conn Hospital.
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%]).
