is this malpractice or negligence

[futinam7]

North Carolina
I recently about 4-6 months ago found a lump on my left breast and after going to the MD on two different occasions and seeing 2 different disciplines: PA and MD both stated it was only a adenoma or a cyst and not to fear it is was any type of cancer. Well over the course of a few months I started having pain to the area which sent me to the ER. The ER MD stated I needed a mammogram. I then called my MD office and requested a mammogram to be performed. They scheduled for a mammogram which resulted in me having a biopsy and unfortunately I received a DX of breast cancer on yesterday. I want to know do I have a case for negligence or malpractice or not?

[lealea1005]

Do you have a history of fibrocysts? How old are you? Did you have previous annual mammograms?

[lya]

futinam7
Is the cancer any 'worse' than it would have been if it had been diagnosed 4-6 months earlier?

Medmal claims require damages that are the result only of negligence/malpractice. If the cancer is the same stage with the same treatment options and the same prognosis now as it was 4-6 months ago, there are no damages that are only the result of negligence/malpractice.

[PhlawedPharmacy]

Most patients demand a second opinion when diagnosed with cancer. They often forget they are also entitled to one when they are not. Also, people have for years put the doctors through the ringers for "running up unnecessary test bills" when being overly diligent. It's become harder to get tests approved and paid by insurance because of this perception as well. You have to take the good with the bad. Only point is, you can see how this happens.