Abstract
Background
Approximately 15% of general surgeons practicing in the United States face a medical malpractice lawsuit each year. This study aimed to determine the reasons for litigation for breast cancer care during the past 17 years by reviewing a public legal database.
Methods
The LexisNexis legal database was queried using a comprehensive list of terms related to breast cancer, identifying all cases from 2000 to 2017. Data were abstracted, and descriptive analyses were performed.
Results
The study identified 264 cases of litigation pertaining to breast cancer care. Delay in breast cancer diagnosis was the most common reason for litigation (n = 156, 59.1%), followed by improperly performed procedures (n = 26, 9.8%). The medical specialties most frequently named in lawsuits as primary defendants were radiology (n = 76, 28.8%), general surgery (n = 74, 28%), and primary care (n = 52, 19.7%). The verdict favored the defendant in 145 cases (54.9%) and the plantiff in 60 cases (22.7%). In 59 cases (22.3%), a settlement was reached out of court. The median plaintiff verdict payouts ($1,485,000) were greater than the settlement payouts ($862,500) (p = 0.04).
Conclusion
Failure to diagnose breast cancer in a timely manner was the most common reason for litigation related to breast cancer care in the United States. General surgery was the second most common specialty named in the malpractice cases studied. Most cases were decided in favor of the defendant, but when the plaintiff received a payout, the amount often was substantial. Identifying the most common reasons for litigation may help decrease this rate and improve the patient experience.
Similar content being viewed by others
References
Choudhry AJ, Haddad NN, RiveraM, et al. Medical malpractice in the management of small bowel obstruction: a 33-year review of case law. Surgery. 2016;160:1017–27.
Jena AB, Seabury S, Lakdawalla D, Chandra A. Malpractice risk according to physician specialty. N Engl J Med. 2011;365:629–36.
Kern KA. The delayed diagnosis of breast cancer: medicolegal implications and risk prevention for surgeons. Breast Dis. 2001;12:145–58.
Kern KA. Causes of breast cancer malpractice litigation. a 20-year civil court review. Arch Surg. 1992;127:542–6; (discussion 546–7).
Smith M. Avoiding malpractice for breast surgeons. General Surgery News. 9 Nov 2017.
6. Berlin L. Malpractice and breast cancer: perceptions versus reality. AJR Am J Roentgenol. 2009;192:334–6.
Brenner RJ. Medicolegal aspects of breast imaging: variable standards of care relating to different types of practice. AJR Am J Roentgenol. 1991;156:719–23.
Brenner RJ. Mammography and malpractice litigation: current status, lessons, and admonitions. AJR Am J Roentgenol. 1993;161:931–5.
Mitchell LS, Atkinson L, Hagan-Aylor C, Binner BH, Gannon E, Weiss PM, Kenny E. Medicolegal considerations in breast health: the benefits of collaboration between OB/GYNs and radiologists. Obstet Gynecol Clin North Am. 2013;40:583–97.
Mitnick JS, Vazquez MF, Kronovet SZ, Roses DF. Malpractice litigation involving patients with carcinoma of the breast. J Am Coll Surg. 1995;181:315–21.
Potchen EJ, Bisesi MA, Sierra AE, Potchen JE. Mammography and malpractice. AJR Am J Roentgenol. 1991;156:475–80.
Vijh R, Anand V. Malpractice litigation in patients in relation to delivery of breast care in the NHS. Breast. 2008;17:148–51.
Whang JS, Baker SR, Patel R, Luk L, Castro A III. The causes of medical malpractice suits against radiologists in the united states. Radiology. 2013;266:548–54.
Zylstra S, Bors-Koefoed R, Mondor M, Anti D, Giordano K, Resseguie LJ. A statistical model for predicting the outcome in breast cancer malpractice lawsuits. Obstet Gynecol. 1994;84:392–8.
Zylstra S, D’Orsi CJ, Ricci BA, Halloran EE, Resseguie LJ, Greenwald L, Mondor MC. Defense of breast cancer malpractice claims. Breast J. 2001;7:76–90.
Bertelsen CA, Tabari CA. Reducing medical malpractice risk in breast cancer care: a surgical perspective. In: Dirbas F, Scott-Conner C (eds) Breast surgical techniques and interdisciplinary management. New York: Springer; 2011, pp. 35–42.
Kummerow KL, Du L, Penson DF, Shyr Y, Hooks MA. Nationwide trends in mastectomy for early-stage breast cancer. JAMA Surg. 2015;150:9–16.
Mabry H, Giuliano AE. Sentinel node mapping for breast cancer: progress to date and prospects for the future. Surg Oncol Clin North Am. 2007;16:55–70.
Tuttle T, Habermann E, Abraham A, Emory T, Virnig B. Contralateral prophylactic mastectomy for patients with unilateral breast cancer. Expert Rev Anticancer Ther. 2007;7:1117–22.
U.S. Bureau of Labor Statistics, Division of Consumer Prices and Price Indexes. Retrieved March 2018. https://www.bls.gov/cpi/.
Ward CJ, Green VL. Risk management and medicolegal issues in breast cancer. Clin Obstet Gynecol. 2016;59:439–46.
Kerlikowske K, Zhu W, Tosteson AN, et al. Identifying women with dense breasts at high risk for interval cancer: a cohort study. Ann Intern Med. 2015;162:673–81.
Kolb TM, Lichy J, Newhouse JH. Comparison of the performance of screening mammography, physical examination, and breast US and evaluation of factors that influence them: an analysis of 27,825 patient evaluations. Radiology. 2002;225:165–75.
Kemp Jacobsen K, O’Meara ES, Key D, et al. Comparing sensitivity and specificity of screening mammography in the United States and Denmark. Int J Cancer. 2015;137:2198–207.
Black WC, Nease RF Jr, Tosteson AN. Perceptions of breast cancer risk and screening effectiveness in women younger than 50 years of age. J Natl Cancer Inst. 1995;87:720–31.
American Society of Breast Surgeons. Consensus guideline on image-guided percutaneous biopsy of palpable and nonpalpable breast lesions. Retrieved March 2018. 2017. https://www.breastsurgeons.org/new_layout/about/statements/PDF_Statements/Image-Guided_Percutaneous_Biopsy_Palpable_Nonpalpable.pdf.
Taylor D, O’Hanlon S, Latham B. False-negative contrast-enhanced spectral mammography: use of more than one imaging modality and application of the triple test avoids misdiagnosis. BMJ Case Rep. 2017. https://doi.org/10.1136/bcr-2016-218556.
Studdert DM, Mello MM, Gawande AA, et al. Claims, errors, and compensation payments in medical malpractice litigation. N Engl J Med. 2006;354:2024–33.
Acknowledgement
The authors thank Steven D. Orwoll, Senior Designer in Brand Strategy and Creative Studio at Mayo Clinic Rochester, for creating the case map in the article.
Funding
This work has no external funding. It has not previously been submitted for publication. This work will be presented as a quick shot presentation at the American Society of Breast Surgeons Annual Meeting in Orlando, FL, May 2018.
Author information
Authors and Affiliations
Corresponding author
Ethics declarations
Disclosure
All authors disclose no conflicts.
Rights and permissions
About this article
Cite this article
Murphy, B.L., Ray-Zack, M.D., Reddy, P.N. et al. Breast Cancer Litigation in the 21st Century. Ann Surg Oncol 25, 2939–2947 (2018). https://doi.org/10.1245/s10434-018-6579-2
Received:
Published:
Issue Date:
DOI: https://doi.org/10.1245/s10434-018-6579-2