Breast Cancer Litigation: An Update with Practice Guidelines

Abstract

Cases involving breast cancer are the second most common cause of malpractice litigation. The leading allegation is failure to diagnose, followed by improper treatment. The most common physicians involved are those giving direct care to women: obstetricians/gynecologists, family medicine physicians, and internists. This review addresses frequent areas of litigation, offering practice guidelines for avoidance of malpractice claims. In addition, two new areas of breast cancer management will be reviewed-breast cancer prevention and breast cancer genetic testing-as potential new areas of malpractice litigation.