Filing Lawsuits for Malpractice, Misdiagnosis, or Failure to Diagnose Breast Cancer in New York
Breast cancer is one of the most common types of cancer in women, and early detection is crucial for successful treatment. Mammography is one of the most effective methods for detecting breast cancer in its early stages, and it is an essential tool for reducing the risk of death from the disease. However, when mammography services are performed improperly or with inadequate equipment, the results can be devastating, leading to misdiagnosis, failure to diagnose, and even malpractice.
The recent suspension of mammography services at a facility in New York has raised concerns about the quality of mammography exams and the potential for misdiagnosis, failure to diagnose, or malpractice. If these issues have impacted you or a loved one, it is crucial to understand your legal rights and options for pursuing financial compensation.
Federal and New York Laws Relevant to the Issue
There are several federal and New York laws that are relevant to the issue of malpractice, misdiagnosis, or failure to diagnose breast cancer due to mammography services. Some of the most important laws include:
The Mammography Quality Standards Act (MQSA)
The MQSA is a federal law enacted by the United States Congress in 1992 to ensure the quality of mammography services nationwide. The MQSA establishes standards for the accreditation of mammography facilities, the certification of mammography equipment, and the qualifications and training of mammography personnel. The law is administered by the U.S. Food and Drug Administration (FDA) and aims to improve the accuracy and early detection of breast cancer through mammography.
On March 9, 2023, the Food and Drug Administration (FDA) updated the Mammography Quality Standards Act (MQSA) to reflect the advancements in mammography technology and standardize certain aspects of mammography reports given to patients. On March 9, 2023, the final rule was published, which requires patients to be informed of their breast tissue density and whether it is “dense” or “not dense.” This information is crucial as tissue density increases the risk of breast cancer and makes it harder to detect. The final rule also establishes a mandatory 30-day timeframe for facilities to send mammography reports to referring healthcare providers.
Breast cancer is the second most common type of cancer among women, and mammography is one of the most effective methods for detecting the disease in its early stages. The MQSA was originally passed in 1992 to ensure access to quality mammography services for all women. The updated regulations modernize the MQSA and enhance enforcement of quality standards, as well as provide patients and healthcare providers with more comprehensive information about mammography results.
The final rule gives state certification agencies and accreditation boards enforcement authority, similar to the FDA. If a facility fails to provide records or violates quality standards, its certificate may be revoked or suspended. The facility may also be required to notify patients and providers of the deficiencies and potential harm. The final rule also imposes more stringent record-keeping requirements for mammography facilities.
The FDA has addressed concerns about the final rule being an overreach of authority, dictating the practice of medicine, and not being backed by medical evidence. The final rule only requires notification to the patient about the existence of dense breast tissue, which raises the risk of developing cancer and makes it harder to detect on a mammogram. The mandated notice is written in layperson’s terms and does not specify how providers should manage patients with dense tissue. The final rule aligns with modern-day clinical practices and empowers patients to engage in shared decision-making with their healthcare providers.
Facilities have 18 months to comply with the new regulations, and they are not prevented from providing patients with the required notifications prior to September 2024. The new regulations do not explicitly preempt any applicable state requirements. The FDA’s updated regulations bring the MQSA into the 21st century and provide patients with more comprehensive and accurate information about their mammography results.
The Medical Malpractice Statute of Limitations in New York
In New York, the statute of limitations for medical malpractice cases is generally two and a half years from the date of the incident or from the date that the injury was discovered, whichever is later. This means that if you believe you have been a victim of medical malpractice, you must file a lawsuit within two and a half years of the incident or from the date that you discovered the injury.
The New York State Department of Health Regulations
The New York State Department of Health (NYSDOH) has established regulations that govern the quality of mammography services in the state. These regulations include standards for the qualifications and training of mammography personnel, the certification of mammography equipment, and the accreditation of mammography facilities.
The New York State Medical Malpractice Law
The New York State Medical Malpractice Law establishes the standards of care that healthcare providers must meet in order to avoid liability for medical malpractice. This law applies to all healthcare providers, including radiologists, who perform mammography services.
Filing a Lawsuit for Malpractice, Misdiagnosis, or Failure to Diagnose Breast Cancer
You may be entitled to compensation if you or a loved one has been impacted by malpractice, misdiagnosis, or failure to diagnose breast cancer due to mammography services. The first step in pursuing a legal claim is to consult with an experienced mammography malpractice attorney who can evaluate your case and determine the best course of action.
In order to successfully pursue a legal claim for medical malpractice, you must be able to prove that the healthcare provider failed to meet the standard of care that was required under the circumstances. This requires a thorough investigation into the facts of the case, including a review of medical records, witness statements, and expert opinions.
It is also important to note that medical malpractice cases can be complex and challenging to prove, so having a knowledgeable and experienced attorney on your side is important. Your attorney can help you navigate the legal system, gather evidence, and build a strong case to support your claim.
In addition to proving that the healthcare provider failed to meet the standard of care, you must also be able to demonstrate that this failure caused you harm or injury. This may include physical harm, emotional distress, or financial losses, such as the cost of additional medical treatments or lost wages due to time off work.
Once you have gathered the necessary evidence to support your claim, your attorney can help you file a lawsuit in New York. This may involve filing a complaint with the court, serving the complaint on the defendant, and engaging in the discovery process. The discovery process is a crucial part of the legal process, as it allows both sides to gather information and evidence about the case.
If your case goes to trial, your attorney will represent you in court and present your case to a judge or jury. If you are successful in your legal claim, you may be awarded compensation for your damages, including medical expenses, lost wages, and other costs associated with your injury.
The recent suspension of mammography services at a facility in New York has raised concerns about the quality of mammography exams and the potential for misdiagnosis, failure to diagnose, or malpractice. If these issues have impacted you or a loved one, it is essential to understand your legal rights and options for pursuing legal action.
By working with an experienced mammography malpractice attorney and gathering the necessary evidence to support your claim, you can protect your rights and seek the compensation you deserve. If you believe you have been a victim of malpractice, misdiagnosis, or failure to diagnose breast cancer due to mammography services, don’t wait – take action now and reach out to our mammography malpractice lawyers for help.
CONTACT PARKER WAICHMAN LLP TODAY FOR A FREE CONSULTATION
If you or a member of your family suffered medical malpractice, a breast cancer misdiagnosis, or were not diagnosed with breast cancer due to the lack of quality mammography services, Parker Waichman LLP is here to help you no matter which state you or your loved one resides. Our firm is an award-winning national malpractice law firm that has recovered billions of dollars in financial compensation for our clients.
As experienced mammography malpractice attorneys, we understand the devastating impact that a misdiagnosis or failure to diagnose breast cancer can have on your life, and we are committed to fighting for the rights of those who have been affected.
State law limits the time you have to file your claim. Speak with one of our mammography medical malpractice attorneys by calling 1-800-YOUR-LAWYER (1-800-968-7529) or contact us online to receive a free, no-obligation consultation. We will provide you with the support and guidance you need to protect your rights and seek the monetary compensation you deserve. Together, we can make sure that your voice is heard and that you receive the legal justice you deserve.
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