Identifying risk factors for breast cancer plays a critical role in early detection, prevention strategies, and timely diagnosis, yet they are too often overlooked or inadequately addressed in clinical practice. When physicians fail to properly evaluate known risk factors for breast cancer, patients may be denied enhanced screening, genetic counseling, or diagnostic testing that could identify cancer at a far more treatable stage. Understanding and responding to risk factors for breast cancer is a core component of competent medical care, and doctors who fail to recognize or act upon identifiable risk factors may be liable for medical malpractice. If you believe you are the victim of breast cancer malpractice, it is in your best interest to speak to an attorney about what steps you can take to protect your interests. At DeFrancisco & Falgiatano Cancer Lawyers, our experienced Syracuse cancer malpractice attorneys are committed to helping people whose lives have been profoundly impacted by negligent breast cancer care, and if we represent you, we will work tirelessly on your behalf. We regularly represent injured parties in Syracuse, Rochester, and Upstate New York.
How Risk Factors for Breast Cancer Influence Patient OutcomesRisk factors for breast cancer encompass a wide range of genetic, biological, hormonal, and lifestyle considerations that directly influence a patient’s likelihood of developing the disease. These may include family history of breast or ovarian cancer, known genetic mutations such as BRCA1 or BRCA2, dense breast tissue, prior radiation exposure, early onset of menstruation, late menopause, hormonal therapy, and advancing age. While the presence of risk factors does not guarantee that cancer will develop, it significantly elevates the probability and often warrants closer monitoring, earlier screening, or more aggressive diagnostic evaluation.
When healthcare providers fail to properly assess or document risk factors for breast cancer, patients may suffer devastating consequences. A woman with a strong family history may not be referred for genetic testing. A patient with dense breast tissue may not be advised that standard mammography is less effective without supplemental imaging. Others may report concerning symptoms that are dismissed because providers do not consider how risk factors elevate suspicion. These failures can result in delayed diagnosis, allowing cancer to progress from an early, localized stage to an invasive or metastatic disease. Patients may then require more extensive surgery, chemotherapy, radiation, or lifelong treatment, and their chances of survival may be significantly reduced.
Recovering Damages for Breast Cancer MalpracticeWhen injuries result from a physician’s failure to appropriately identify or respond to risk factors for breast cancer, an injured patient may choose to pursue damages via a medical malpractice claim. In most medical malpractice cases, the plaintiff will set forth a negligence claim against the defendant. In New York, negligence is made up of four parts and the plaintiff must prove each part to succeed. The first part, duty, obligates the healthcare professional to deliver care consistent with accepted medical standards. In the context of breast cancer, this duty includes obtaining an accurate medical and family history, evaluating known risk factors, recommending appropriate screening, and responding promptly to concerning findings.
The second part, breach, occurs when a provider fails to meet the accepted standard of care. In cases involving risk factors for breast cancer, breaches may include failing to inquire about family history, ignoring genetic risk indicators, neglecting to recommend earlier or more frequent screening, misinterpreting imaging results in high-risk patients, or failing to refer patients for specialist evaluation. Because these determinations involve complex medical judgment, expert testimony is almost always required. Medical experts can explain how reasonably competent providers evaluate breast cancer risk and how the defendant’s conduct deviated from accepted practice.
The third part, causation, requires proof that the provider’s breach was a substantial factor in causing harm. In breast cancer claims, this often involves demonstrating that proper attention to risk factors would have led to earlier diagnosis and treatment, resulting in a better prognosis. Expert testimony may establish that the cancer advanced to a more dangerous stage because enhanced screening or diagnostic testing was not pursued despite known risk indicators.
The final part of negligence is damages. Under New York law, patients harmed by negligent care related to risk factors for breast cancer may recover economic damages such as medical expenses, surgery costs, oncology treatments, rehabilitation, future care needs, lost income, and diminished earning capacity. Non-economic damages may also be awarded and can include compensation for physical pain, emotional distress, anxiety, loss of enjoyment of life, and the psychological impact of confronting advanced cancer.
Consult a Knowledgeable Breast Cancer Malpractice Attorney in Syracuse, Rochester, or Upstate New YorkRisk factors for breast cancer exist to guide vigilant, individualized medical care, not to be ignored or minimized. When healthcare providers fail to account for elevated risk, patients may lose the opportunity for early detection and life-saving treatment. If you or a loved one suffered serious harm because a physician failed to recognize or appropriately respond to breast cancer risk factors, it is critical to understand your rights, and you should talk to an attorney. At DeFrancisco & Falgiatano Cancer Lawyers, our knowledgeable Syracuse cancer malpractice attorneys possess the skills and resources to prevail against careless providers, and if we represent you, we will fight for the results you deserve. We have an office in Syracuse, and we represent parties throughout Syracuse, Rochester, and Upstate New York. You can contact us today to schedule a free, confidential consultation through our online form or by calling 833-200-2000.