New Jersey Breast Cancer Lawyers

Breast Cancer Attorneys

Breast cancer is among the most prevalent and destructive illnesses that impact women on a global scale. In the United States, it is estimated that 1 in 8 women will develop invasive breast cancer over the course of their lifetime. While early detection and proper treatment can significantly improve survival rates, misdiagnosis or failure to diagnose breast cancer in a timely manner can have severe and life-altering consequences.

In New Jersey, victims of medical negligence related to breast cancer have legal recourse through a breast cancer lawsuit. New Jersey breast cancer lawyers at Varcadipane & Pinnisi, P.C. can help you protect your rights and seek restitution for your damages. Our lawyers are certified by the Board of Attorney Certification, meaning we can professionally litigate your case to obtain a positive outcome.

Table Of Content

What is Breast Cancer?

Breast cancer begins when cells in the breast start to grow uncontrollably, forming a tumor that can often be felt as a lump. These cancerous cells can spread to other parts of the body through the lymphatic system and bloodstream, making early detection and treatment vital. Breast cancer can occur in both men and women, though it is far more common in women.

Breast cancer is categorized into several types based on the specific cells in the breast that become cancerous. The most common types include:

  • Ductal carcinoma in situ (DCIS). A non-invasive form of breast cancer characterized by abnormal cells found in the lining of a breast duct without spreading outside the duct.
  • Invasive ductal carcinoma (IDC). The most common type of breast cancer is where cancer cells have spread beyond the ducts into other parts of the breast tissue.
  • Invasive Lobular Carcinoma (ILC). The cancer starts in the milk-producing glands (lobules) and has the potential to metastasize to other areas of the body.

Other types of breast cancer include inflammatory breast cancer, triple-negative breast cancer, and HER2-positive breast cancer. It’s important to accurately diagnose each type of breast cancer as they may necessitate different treatment approaches. This emphasizes the significance of an early and precise diagnosis.

New Jersey Breast cancer lawyers

Common Symptoms of Breast Cancer

Recognizing the symptoms of breast cancer early can make a significant difference in increasing the chances of successful treatment and survival. Early detection often means the cancer is at a less advanced stage with possibly more treatment options and a better prognosis. This minimizes the need for harsh treatments as it reduces the chances of cancer spreading to other body parts.

Early detection can catch symptoms early, such as:

  • Lump or mass in the breast. The most noticeable sign is a lump located in the breast or the underarm region. While not all lumps are cancerous, they should be evaluated by a healthcare professional.
  • Change in breast shape or size. Any unexplained change in the size or shape of the breast could indicate the presence of a tumor.
  • Skin changes. Redness, dimpling, or puckering of the breast skin can be signs of underlying breast cancer.
  • Nipple discharge. Unusual discharge from the nipple, especially if it is bloody or occurs without squeezing, should be investigated.
  • Nipple retraction. Should the nipple begin to retract or invert, this may signal a potential symptom of breast cancer.
  • Breast pain. Although breast pain is usually not indicative of breast cancer, it’s important to consult a healthcare professional if the pain persists.

It is important to note that not all breast cancers present with noticeable symptoms, which is why regular screening, such as mammograms, is important for early detection.

Can Breast Cancer Be Misdiagnosed?

Despite advances in medical technology, nearly 16% of newly diagnosed cancer patients experience a delay of more than 180 days before receiving their diagnosis. Misdiagnosis can happen due to a range of factors, such as:

  • Inadequate screening. Failure to recommend or perform regular mammograms, especially for high-risk patients, can result in missed early detection.
  • Misinterpretation of test results. Radiologists may incorrectly interpret mammograms or biopsies, leading to a false-negative or false-positive diagnosis.
  • Failure to recognize symptoms. A healthcare provider may dismiss symptoms as benign or related to less serious conditions, delaying further investigation.
  • Delayed referral to specialists. General practitioners may not refer patients to oncologists or breast specialists in a timely manner, causing critical delays in diagnosis.

When breast cancer is misdiagnosed or not diagnosed promptly, the disease can progress to a more advanced stage. This reduces the chances of successful treatment and increases the likelihood of severe long-term complications.

What Are the Long-Term Consequences of a Misdiagnosis or Failure to Diagnose?

The consequences of a misdiagnosis or failure to diagnose breast cancer can be severe and far-reaching. These result in treatment delays, causing the cancer to advance to a more critical stage. This reduces the chances of successful treatment and survival.

Some of the potential long-term effects include:

  • Advanced cancer stages. A delayed diagnosis often means that cancer has had time to progress to a more advanced stage, making treatment more difficult and reducing survival rates.
  • More aggressive treatment. Patients with advanced breast cancer may require more aggressive treatments, such as chemotherapy, radiation, or extensive surgery, which can have significant physical and emotional impacts.
  • Decreased survival rates. The chances of surviving breast cancer are significantly higher when it is detected early. A misdiagnosis or a delay in diagnosis can significantly diminish the chances of effective treatment and long-term survival.
  • Emotional and psychological impact. The emotional toll of knowing that a misdiagnosis or delay may have worsened the prognosis can lead to anxiety, depression, and a diminished quality of life.
  • Financial burden. Extended or more intensive treatment can result in substantial medical bills, lost wages, and other financial hardships for the patient and their family.

Our New Jersey breast cancer lawyers will certainly consider the long-term consequences of a cancer misdiagnosis when evaluating your case. Understanding these outcomes is key for assessing the level of damages and determining the appropriate compensation to pursue.

How Can I Be Compensated for a Breast Cancer Lawsuit?

If you or a loved one has suffered due to a misdiagnosis or delayed diagnosis of breast cancer, you may be entitled to compensation through a breast cancer lawsuit. In New Jersey, victims of medical negligence can seek compensation for various damages, including:

  • Medical expenses. Compensation may cover the cost of additional treatments, surgeries, medications, and other medical expenses incurred due to the misdiagnosis.
  • Lost wages. Compensation will consider any lost wages due to the patient’s inability to work during treatment or recovery. This also involves potential future loss of earning capacity if the patient is unable to return to their previous employment.
  • Pain and suffering. The emotional and physical distress caused by the misdiagnosis, including anxiety, depression, and reduced quality of life, are important factors in calculating damages.
  • Loss of consortium. If the misdiagnosis has impacted your relationship with your spouse or partner, you may be entitled to compensation for loss of companionship and support.
  • Impact on life expectancy. If the misdiagnosis has led to a more advanced stage of cancer, reducing the patient’s life expectancy, this will be a significant consideration in the case.
  • Loss of consortium. The impact on the patient’s relationships and family life, including the loss of companionship and support, may also be considered.

A cancer misdiagnosis lawyer will build a comprehensive case to seek appropriate compensation. They will help you navigate the complexities of a medical malpractice lawsuit to ensure that you receive proper compensation.

How Long Do I Have to File in New Jersey?

In New Jersey, there is a limited time to file a lawsuit for medical malpractice, including cases related to the misdiagnosis or failure to diagnose breast cancer. The stipulated time frame is known as the statute of limitations. You have two years from the date you discovered or should have discovered the injury caused by the misdiagnosis to file a lawsuit.

Additionally, if the misdiagnosis led to wrongful death, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death (N.J. Stat. § 2A:31-3). However, there are exceptions to the statute of limitations for filing a New Jersey breast cancer lawsuit.

For instance, if you did not discover the misdiagnosis until later, the two-year statute of limitations may begin from the date of discovery rather than the date of the actual misdiagnosis. Also, if the victim of the misdiagnosis is a minor, the statute of limitations may be extended until they reach the age of 18.

Consult a New Jersey breast cancer lawyer as soon as possible to analyze your case and ensure it adheres to the stipulated legal timeframes.

Contact Our Paramus, New Jersey Breast Cancer Attorneys Today

If you or a loved one has been affected by the misdiagnosis or delayed diagnosis of breast cancer, you deserve justice and compensation for the resulting harm. At Varcadipane & Pinnisi, P.C., our Paramus, New Jersey breast cancer lawyers are ready to help victims of medical negligence hold responsible parties accountable. We will thoroughly investigate your case, gather the necessary evidence, and work tirelessly to secure the compensation you deserve.

Contact us online now to book a free case evaluation or call our office at (201) 588-1500.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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