September 2005 · Vol. 17, No. 94 Cases of Faulty Follow-Up:
Cutting the legal risk of breast cancer screening
Inadequate follow-up is usually at the root of lawsuits that allege missed or late diagnosis
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Fast Track
3 red flags
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young woman
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self-discovered mass
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negative mammogram
#1 reason for claims of misdiagnosis: “Physical findings failed to impress the physician”
An ObGyn may be responsible as the “default PCP” for screening for colorectal, skin, and other cancers
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Samuel
Zylstra,
MD, MPHChairman, Department of Obstetrics and Gynecology, Assistant Professor, University of Massachusetts, Milford Regional Medical Center
Milford, Mass Linda
Greenwald,
RN, MSEditor, Risk Management Publications, Risk Management Department, ProMutual Group, Boston Maureen
Mondor,
RNVice President, Risk Management Department, ProMutual Group, Boston
Breast cancer is the number 1 most frequently misdiagnosed condition in malpractice claims, and failure to perform adequate and timely follow-up is often at the root of these cases.
This article considers lessons to be learned from 4 malpractice cases involving allegations of inadequate follow-up and misdiagnosis of breast cancer. We focus on specific red flags, and a “systems approach” to adequate follow-up of breast screening findings and patient complaints. We focus on these questions:
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