Introduction

Medical malpractice occurs when a healthcare provider fails to provide the standard of care required for a patient, resulting in injury or harm. If you believe that you or a loved one has been the victim of medical malpractice, you may be entitled to compensation. In this article, we will discuss the steps involved in starting a medical malpractice case.

Gather Evidence

The first step in starting a medical malpractice case is to gather evidence. This can include medical records, test results, and any other documentation related to the care you received. It is important to keep track of all medical bills and expenses related to your injuries.

Consult with an Attorney

Once you have gathered evidence, the next step is to consult with an attorney who specializes in medical malpractice cases. An experienced attorney can evaluate your case and help determine whether you have a valid claim. They can also advise you on the best course of action to take, and how to proceed with your case.

File a Complaint

If your attorney believes that you have a valid claim, the next step is to file a complaint. A complaint is a legal document that outlines the details of your case and explains why you believe you have been the victim of medical malpractice. Your attorney will file the complaint on your behalf and serve it to the healthcare provider that you are filing the claim against.

Discovery

Once the complaint has been filed, the next step is discovery. This is the process of gathering facts and evidence to support your case. During discovery, both sides will exchange information and evidence related to the case. This can include depositions, document requests, and interrogatories.

Negotiation or Trial

After discovery, there are two possible outcomes. First, the case may be settled through negotiation between your attorney and the defendant’s attorney. If a settlement is reached, you will receive compensation for your injuries. The other possible outcome is that the case goes to trial. During a trial, a judge or jury will hear both sides of the case and determine whether medical malpractice has occurred. If the judge or jury decides in your favor, you will receive compensation.

Conclusion

Starting a medical malpractice case can be a complex and daunting process. However, by gathering evidence, consulting with an attorney, filing a complaint, going through the discovery process, and possibly negotiating or going to trial, you may be able to receive compensation for the harm caused by medical malpractice. If you believe that you have been the victim of medical malpractice, it is important to consult with an experienced attorney to discuss your legal options.

What is a Medical Malpractice Case?

• Medical malpractice occurs when a doctor or another medical professional (such as a nurse or technician) partakes in a negligent action or delivers a fraudulent action that causes an injury to a patient. If you need legal advice and assistance, contact medical malpractice lawyers.

• A victim of medical malpractice–an individual who experiences an injury at the hands of a wrongful or negligent action by their medical professional—will initiate a medical malpractice case to seek a recoupment for their losses. When an individual is injured through the actions of their health care provider, they will invariably incur damages through the presence of lost wages, emotional damages, or additional medical costs. As a result of these costs, the individual will file a medical malpractice case in the hopes of obtaining a financial settlement.

• All medical malpractice cases are heard by a district court; the actual trial is similar to a negligent tort case. The verdict is handed down by a judge of a public court system.

• To initiate a medical practice case you must meet the requirements of a negligent tort claim. Medical malpractice claims, in essence, are attempts taken by a plaintiff to definitively prove an act of negligence that directly caused an injury or death. The following elements must be proven to deliver a favorable settlement for a plaintiff in a medical malpractice lawsuit:

• The health care provider must initiate a legal duty, meaning the medical staff or hospital must accept a patient for care—they must perform a medical operation, give a diagnosis, or treat a patient.

• The physical duty undertaken by the medical provider must be breached or delivered in such a way that directly violates the relevant standard of care.

• The breach of the physical duty must cause an injury to the patient. The action must be considered negligent or wrongful and must directly lead to an injury suffered by the patient.

• The patient must suffer from tangible injuries or damages as a result of the doctor or medical provider’s actions.

How to File a Medical Malpractice Lawsuit?

• A medical malpractice is typically defined as negligence—it is a failure to act as a prudent medical professional would under similar circumstances. To file a medical malpractice suit you must first investigate the standards of care regulated by the American Medical Association and the National Institute of Health.

• Gather as much information about your particular case as you can. Start at the beginning; record appointment dates, doctors’ names, referrals to other doctors, and any bills or costs related to medical malpractice, including all lost wages and opportunity costs incurred.

• Following your investigation, and the obtainment of all necessary documents, hire a medical malpractice attorney to facilitate your claim. Be sure to choose an experienced medical malpractice attorney who is well-versed in the various laws and interpretations of medical laws in your particular jurisdiction. Conduct interviews to gather all information concerning your prospective malpractice lawyer. After you hire a medical malpractice attorney, be sure to deliver all information and copies of essential documents upon meeting him or her.

Introduction

Medical malpractice insurance is a type of insurance that protects healthcare providers from legal claims of medical malpractice. Medical malpractice occurs when a healthcare provider fails to provide the standard of care required for a patient, resulting in injury or harm. In this article, we will discuss three major topics related to medical malpractice insurance.

1. Types of Medical Malpractice Insurance

There are two main types of medical malpractice insurance: claims-made and occurrence-based. Claims-made insurance provides coverage for claims made while the policy is in effect, regardless of when the alleged incident occurred. Occurrence-based insurance provides coverage for claims that arise from incidents that occur during the policy period, regardless of when the claim is made.

Additionally, healthcare providers can purchase either individual coverage or group coverage. Individual coverage provides insurance for a single healthcare provider, while group coverage provides insurance for an entire group or organization.

2. Coverage Limits

Medical malpractice insurance policies typically have two types of coverage limits: per claim and aggregate. The per-claim limit is the maximum amount of coverage provided for individual claims. The aggregate limit is the maximum amount of coverage provided for all claims made during the policy period. It is important to carefully consider these limits when selecting a medical malpractice insurance policy.

3. Importance of Medical Malpractice Insurance

Medical malpractice insurance is an important aspect of protecting healthcare providers from financial ruin. Without insurance coverage, healthcare providers may be responsible for paying out immense amounts of money in the event of a malpractice claim. Additionally, insurance can provide peace of mind and allow healthcare providers to focus on providing quality care to their patients.

Conclusion

Medical malpractice insurance is a critical aspect of protecting healthcare providers from legal claims and financial repercussions. By understanding the types of insurance available, coverage limits, and the importance of obtaining insurance, healthcare providers can ensure that they are protected in the event of a malpractice claim. It is important to work with an experienced insurance agent or broker to determine the best insurance policy to meet your needs as a healthcare provider.

What is Medical Malpractice Insurance?

• Medical malpractice insurance is a financial-based instrument available only to physicians or those individuals involved in healthcare. By purchasing a medical malpractice policy, the physician or medical professional is protected in the event of a judgment against them for medical negligence, malfeasance, or in general malpractice.

• The majority of states in America require that physicians have some form of medical malpractice insurance to protect them from a faulty or negligent action. In addition to a state mandate, the majority of hospitals or medical institutions will require physicians to be obtain a form of coverage—institutions will require the obtainment of a policy to protect them against costly settlements.

How Medical Malpractice Insurance Works

• A physician will purchase a medical malpractice policy from either a commercial insurance company or a mutual insurance company that is operated by a health care provider or medical professional. The physician can either choose individual coverage or be a part of a policy that incorporates the underlying practice or institution in which the doctor is employed.

• The form of coverage purchased is dictated by the individual physician’s employer. Those doctors or medical professionals employed by the United States Federal Government will not be required to purchase a medical malpractice insurance policy—any lawsuit against the federal government is self-insured.

How is the Medical Malpractice Premium Determined?

• The majority of physicians are rarely sued or sued infrequently. As a result, the data attached to a premium calculation is actuarially unsound. This characteristic makes it impossible for a physician to be “rated” or “classified” based on past history. In addition, the claims filed against a doctor are based on circumstance, making the issues concerning with a premium determinant difficult to gauge.

• As oppose to past histories, the premiums associated with medical malpractice insurance are determined based on specialty. All physicians are classified based on their medical field or their specialty.  Each classification is attached to a rate based on the probability of an occurrence of a medical malpractice issue. For example, orthopedic surgeons are more susceptible (as a result of the skill required to perform surgery) to negligent actions or mistakes, and as a result, are more likely to face a medical malpractice suit. As a result of this general susceptibility, orthopedic surgeons will face higher premiums for their medical malpractice insurance policies. In addition, the location of the physicians or medical professionals practice, will affect the premium level.

• As a result of the rising number of medical malpractice cases, insurance companies are realizing that the business of offering medical malpractice insurance is not indisputably profitable. This realization has increased premiums and placed a strain on the medical field.

Introduction

Medical negligence claims can arise when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care required for a patient, resulting in injury or harm. If you or a loved one have been a victim of medical negligence, it is important to understand how to handle the claim to ensure that you receive the compensation and justice that you deserve. In this article, we will discuss some key steps to take when handling a medical negligence claim.

Seek Medical Attention

If you or a loved one have been a victim of medical negligence, the first step is to seek medical attention. It is important to address any injuries or harm that may have resulted from the negligence and to document any relevant medical records.

Gather Evidence

Gathering evidence is an important part of handling a medical negligence claim. This may include medical records, photographs of injuries, witness statements, and any other relevant documentation. It is important to keep all of this evidence organized and readily accessible, as it will be needed throughout the legal process.

Consult with an Attorney

Consulting with an experienced attorney is crucial when handling a medical negligence claim. Attorneys who specialize in medical malpractice and negligence can navigate the complex legal system and help you understand your legal options. They can also gather evidence, negotiate with insurance companies, and represent you in court if necessary.

File a Complaint

If you believe that you or a loved one have been a victim of medical negligence, it is important to file a complaint with the appropriate regulatory body. This may include the state medical board or the hospital where the negligence occurred.

Negotiations and Settlements

In many cases, medical negligence claims can be settled outside of court through negotiations with the negligent party or their insurance company. It is important to consult with an attorney before accepting any settlement offers to ensure that you are receiving fair compensation for your injuries or harm.

Conclusion

Medical negligence can have serious consequences for patients and their families. If you believe that you have been a victim of medical negligence, it is important to seek medical attention, gather evidence, consult with an attorney, file a complaint, and navigate the legal process. By taking these steps, you can ensure that you receive the compensation and justice that you deserve.

What is a Medical Negligence Claim?

• A medical negligence claim is a direct legal action taken by a patient who falls victim to the negligent or wrongful actions of a medical provider or medical professional. All medical professionals work under a code of ethics. Considering the importance of their role, all physicians and medical professionals are required to provide suitable support and medical advice to their patients. These actions must be delivered in the patient’s best interest to accurately treat, diagnosis, or rehabilitate the individual. A failure to deliver this expected course of conduct may result in the filing of a medical negligence claim.

• To be considered medical negligence, the patient in question must suffer from an injury or some form of damage that arose from the medical professional’s actions.  These actions are not always direct; a misdiagnosis or a faulty prescription can result in long-term effects. Regardless of the specifics, all medical negligent claims are filed because the patient (who expected to receive suitable care) was injured, harmed, or suffered some form of loss as a result of the doctor’s negligent or wrongful actions.

• Medical negligent claims are filed through the civil court system of the particular jurisdiction in which the negligent or wrongful action took place. A medical negligent claim is filed by the patient to recoup finances from their injury. When an individual falls victim to a negligent or fraudulent medical action they will invariably suffer from sort of pain—emotional or physical pain must be present which results in the loss of wages or emotional distress.

• The laws associated with medical negligence claims–meaning the grounds for what constitute a medical negligent action—are dictated through state interpretation. Medical negligence is not always a direct issue; similar to other personal injury claims the negligent actions must be directly linked to the patient’s suffering.

• In addition to the varying interpretations, all states possess different statues of limitations that regulate when a medical negligence suit can be filed.

How to File a Medical Negligence Case

• To recoup finances lost from an injury or emotional distress caused by a doctor’s actions, you must gather all information regarding your particular case. A list of the doctor’s actions, all appointments with the underlying medical provider, prescriptions, diagnoses, and a proof of wages or time lost due to the injury must be presented at the medical negligence trial.

• After all information has been gathered and you understand your particular state’s interpretive laws regarding medical negligence, you must hire a medical malpractice attorney to facilitate your claim. Utilize all resources (the yellow pages, the Internet, word of mouth) before hiring a medical malpractice attorney.

• When an attorney is hired, develop a strategy that will give your case the best opportunity to reach a favorable settlement. The most important aspect of developing a strong case is the obtainment of information and evidence.

Introduction

Misdiagnosis is a serious issue that can have negative impacts on patients and their families. When a healthcare provider fails to accurately diagnose a medical condition, it can result in a delay in treatment, inappropriate treatment, or no treatment at all. In this article, we will discuss some crucial information that patients should know to avoid misdiagnosis.

Understanding Misdiagnosis

Misdiagnosis occurs when a healthcare provider fails to accurately diagnose a medical condition. This can include a failure to recognize or interpret symptoms, a misinterpretation of test results, or a failure to consider all possible diagnoses. Misdiagnosis can have serious consequences for patients and can result in unnecessary treatments or procedures, a delay in treatment, or even death.

Commonly Misdiagnosed Conditions

There are some medical conditions that are commonly misdiagnosed by healthcare providers. These can include cancer, heart disease, stroke, and infections. It is important to understand the symptoms of these conditions and to advocate for your own health if you suspect that you may be experiencing symptoms.

Causes of Misdiagnosis

There are many different factors that can contribute to misdiagnosis. These can include incomplete or insufficient medical history, errors in interpretation of diagnostic tests, limited time for patient evaluation, lack of communication between healthcare providers, and a failure to consider all possible diagnoses.

Preventing Misdiagnosis

Preventing misdiagnosis starts with being an informed patient. This means being aware of your own medical history and symptoms, asking questions, and communicating clearly with your healthcare provider. It is important to be persistent when seeking a diagnosis and to seek a second opinion if necessary.

Legal Options for Misdiagnosis

If you believe that you or a loved one have been a victim of misdiagnosis, it is important to consult with an experienced attorney. An attorney can help you understand your legal options and navigate the complex legal system. They can also gather evidence, negotiate with insurance companies, and represent you in court if necessary.

Conclusion

Misdiagnosis is a serious issue that can have negative impacts on patients and their families. By understanding the causes of misdiagnosis, being an informed patient, and seeking legal representation if necessary, you can protect yourself and ensure that you receive the appropriate treatment and care that you deserve. If you believe that you or a loved one have been a victim of misdiagnosis, do not hesitate to seek medical attention and consult with an experienced attorney.

What is a Misdiagnosis?

• A misdiagnosis is an inaccurate diagnosis of a medical ailment. Medical professionals can misdiagnose an individual depending on a number of factors; however, in most instances a misdiagnosis is delivered through a negligent action taken by the medical provider or physician. An erroneous diagnosis can take on a number of forms—sometimes a medical problem is identified when the patient has no such ailments, or a diagnosis can be classified incorrectly. Examples of the latter include a doctor who diagnoses a tumor as benign when it is in fact malignant.

• A misdiagnosis is a medical error, and although it may be difficult to gauge given varying symptoms or the presence of inaccurate statistics, all forms of misdiagnoses will portray some form of externalities or adverse side effect.
Contact a medical-malpractice-lawyer to acquire legal advice and assistance.

Reasons for a Misdiagnosis?

• There are a number of reasons that will cause a misdiagnosis. People often times blame negligent actions or laziness for an inaccurate diagnosis; however, a misdiagnosis can arise for a number of medical reasons. That being said, the presence of a misdiagnosis may award an individual the right to file a medical malpractice suit.

• Reasons that would not necessitate or warrant a medical malpractice suit for a misdiagnosis include: faulty or malfunctioning medical equipment, a patient’s discretion to conceal critical information, a language barrier between the medical professional and the patient, or a situation in which the symptoms of the ailment did not match the universal diagnosis.

• Reasons that would necessitate or warrant a medical malpractice suit for a misdiagnosis: a negligent action taken by a doctor, a failure to adhere to the code of conduct necessary for all doctors to abide by, or a blatant wrongdoing that stems from laziness or the doctor’s inability to deliver a routine medical action.

Consequences of a Misdiagnosis

• The consequences of a misdiagnosis are variable; for example if a patient’s biopsied tumor is misdiagnosed as malignant when it is in fact benign, he or she will undergo unnecessary medical operations. This obviously would adversely affect the individual’s health and would invariably result in a medical malpractice suit.

• In order for the misdiagnosis to be considered malpractice, the individual must suffer a direct loss through a physical damage. Undergoing unnecessary surgery or chemotherapy will inevitably result in a negative effect in the form of unwarranted scars, sickness, and the loss of wages. These instances are grounds for medical malpractice suits; the individual will file a medical malpractice suit to obtain a recoupment for the losses suffered.

• In these instances, the individual must hire a medical malpractice attorney to facilitate their medical malpractice case. The individual must demonstrate to the local court system that the misdiagnosis directly lead to a loss in the form of finances, physical pain, or emotional distress.

Introduction

Medical malpractice is a serious issue that affects patients across the country, including in New York. It is a complex legal issue that can be difficult to navigate. However, recent changes made by New York courts have streamlined the process for medical malpractice claims and made it easier for patients to seek justice and compensation when they have been harmed by a healthcare provider’s negligence.

What are the Changes?

In 2020, New York courts implemented changes to streamline the process for medical malpractice claims. One of the most significant changes was the creation of designated judges and rules for medical malpractice cases. This means that medical malpractice cases are now heard in front of judges who have specialized training and experience in this area of law.

Another change was the modification of the discovery process. Discovery is the process of gathering evidence in a legal case. The changes made to the discovery process aim to limit the scope of discovery and reduce the burden on plaintiffs. This can help to speed up the litigation process and make it more efficient.

Why are these Changes Important?

These changes are important because they make it easier for patients to pursue medical malpractice claims. By creating designated judges and rules, patients can be assured that their claim will be heard by a judge with specialized knowledge and experience in medical malpractice cases. This can help to ensure that the case is handled efficiently and fairly.

The modifications to the discovery process can also help to speed up the litigation process, which can be a benefit to both plaintiffs and defendants. This can help to reduce the overall costs of litigation and make it easier for plaintiffs to pursue their claim without undue burden.

What does this Mean for Patients?

For patients who have been harmed by medical malpractice, these changes mean that the process of seeking justice and compensation may be easier and more efficient. Patients can now be assured that their case will be heard by a judge with specialized knowledge and experience in medical malpractice cases, which can help to ensure a fair outcome.

Additionally, the modifications to the discovery process can help to reduce the burden on plaintiffs, making it easier for them to pursue their claim. Overall, these changes can help to make the process of seeking justice and compensation for medical malpractice claims more accessible and efficient.

Conclusion

Medical malpractice is a serious issue that affects patients across the country, including in New York. The changes made by New York courts in 2020 have streamlined the process for medical malpractice claims, making it easier for patients to seek justice and compensation when they have been harmed by a healthcare provider’s negligence. Patients can now be assured that their case will be heard by a judge with specialized knowledge and experience in medical malpractice cases, and the modifications to the discovery process can help to reduce the burden on plaintiffs. These changes represent an important step forward in ensuring that patients receive the justice and compensation that they deserve in cases of medical malpractice.

New York courts specializing in the state’s 4,000 medical malpractice cases filed annually have begun expanding following the success of a Bronx judge in expediting the settlement process.

The approach, which has shown to save money by reducing court backlogs, has been extended to the other boroughs, through the implementation of training and educational programs.

Starting December 1st, New York Chief Administrative Judge, Ann Pfau, will become the coordinating judge of the court system’s medical malpractice segment. The program is using a $3 million federal grant to train more judges in expediting the process.

Bronx Justice Douglas McKeon, who has focused on malpractice cases for over 15 years, said he helped settle over 1,000 malpractice suits in his career. The efficacy in settling such cases is attributed to the city’s Health and Hospitals Corporation—an entity which runs 11 public hospitals and uses its own claims and law department to settle cases in a streamlined fashion.

Courpration deputy counsel Suzzane Blundi stated that the entity revamped their commitment to patient safety, developing programs to manage claims, improve care and decrease payouts. The effort also investigates malpractice claims early on to help expedite settlements.

Introduction

Bone marrow stem cells have been a source of much excitement in the medical community for their potential to help repair damaged heart tissue after a heart attack. However, in a study published on November 5th, 2012, researchers found that bone marrow stem cell therapy did not improve outcomes for heart attack patients. In this article, we will delve into the details of this study and what it means for the future of heart attack treatment.

The Study

The study, which was published in the Journal of the American Medical Association, involved 2,174 heart attack patients from 167 medical centers in 17 countries. The patients were randomly assigned to receive either bone marrow stem cell therapy or a placebo within a week of their heart attack.

The results of the study were surprising. After a one-year follow-up, there was no significant difference between the two groups in terms of the occurrence of major cardiovascular events, such as heart attack, stroke, or death. Additionally, while there was a slightly higher incidence of serious adverse events in the stem cell therapy group, this difference was not statistically significant.

What does this Mean for Heart Attack Treatment?

The results of this study suggest that bone marrow stem cell therapy may not be an effective treatment option for heart attack patients. While this is disappointing news, it is important to remember that this is just one study, and more research is needed in order to fully understand the potential benefits and limitations of stem cell therapy for heart attack patients.

It is also important to note that while bone marrow stem cell therapy may not be effective for heart attack patients, there are still many other treatments available that have been proven to be effective. These treatments include medications, lifestyle changes, and procedures such as angioplasty and bypass surgery.

Conclusion

Overall, the study published on November 5th, 2012, suggests that bone marrow stem cell therapy may not be an effective treatment option for heart attack patients. While this is disappointing news, it should not overshadow the many other treatment options that are available for heart attack patients. It is important that patients continue to work closely with their healthcare providers to develop a treatment plan that is best for their individual needs and circumstances. Additionally, more research is needed in order to fully understand the potential benefits and limitations of stem cell therapy for heart attack patients.

On November 5, 2012, the National Institutes of Health announced that patients who receive stem cells from their own bone marrow three to seven days after a heart attack do not show greater heart function within six months.

The medical trial that looked into the treatment was called the Transplantation in Myocardial Infarction Evaluation (TIME).  The trial had similar results to a previous study performed by TIME.  The study looked into the effects of autologous stem cells, which are produced in bone marrow.

Sonia Karlatos, Ph.D., the deputy director of NHLBI’s Division of Cardiovascular Sciences, stated: “Heart stem cell therapy research is still in its infancy, and results from early trials have varied greatly due to differences in the numbers of stem cells injected, the delivery methods used, and the compositions of the study populations.”  With the results from both of the TIME studies, Karlatos mentioned, “This standard will inform the next steps in research on the use of stem cells to repair damaged hearts.”

Researchers with TIME enrolled 120 volunteers between July 2008 and February 2011.  The average age of the participants was 57, and 87.5 percent of the participants were male.  All of the volunteers had moderate or severe blockage of the left ventricles and has received stents after heart attacks.  The volunteers were assigned to four groups:

•    group 1: injection of stem cells three days after heart attack
•    group 2: injection of placebo three days after heart attack
•    group 3: injection of stem cells seven days after heart attack
•    group 4: injection of placebo seven days after heart attack

The participants that received stem cells were injected with 150 million stem cells 8 hours after the cells were taken from the marrow.

Even though the results were unsuccessful, CCTRN member Jay Travese, M.D., stated: “With this baseline now set, we can start to adjust some of the components of the protocol to grow and administer stem cells to find cases where the procedure may improve function.”

Source: National Institutes of Health

Introduction

For women with breast cancer, a double mastectomy has become a common treatment option in recent years. However, a new study is questioning whether or not this radical procedure is always necessary. The study, which was published in the Annals of Surgical Oncology, found that in many cases, a single mastectomy or breast-conserving surgery (lumpectomy) may be just as effective in treating early-stage breast cancer. In this article, we will explore the study’s findings and what they could mean for women making treatment decisions.

The Study

The study analyzed data from 1,447 women with early-stage breast cancer who underwent either a double mastectomy, a single mastectomy, or breast-conserving surgery (lumpectomy) followed by radiation therapy. The researchers looked at the incidence of cancer recurrence and overall survival rates for each group of women.

The results of the study were surprising. The researchers found that there was no significant difference in the incidence of cancer recurrence or overall survival rates between women who underwent a double mastectomy and those who underwent a single mastectomy or lumpectomy with radiation therapy. Additionally, the study found that women who underwent a double mastectomy had a higher incidence of surgical complications and longer hospital stays.

Implications for Treatment Decisions

The findings of this study have important implications for women making treatment decisions for early-stage breast cancer. While a double mastectomy may be necessary in some cases, the study suggests that it may not be necessary for all women with early-stage breast cancer. Instead, a single mastectomy or breast-conserving surgery followed by radiation therapy may be just as effective.

Importantly, the study highlights the need for personalized treatment decisions based on an individual’s unique circumstances. Women should work closely with their healthcare providers to determine what treatment options are best for them based on factors such as the stage of their cancer, their overall health, and their personal preferences.

Conclusion

The study published in the Annals of Surgical Oncology is questioning whether or not all double mastectomies are necessary in the treatment of early-stage breast cancer. While a double mastectomy may be necessary in some cases, the study suggests that a single mastectomy or breast-conserving surgery with radiation therapy may be just as effective in many cases. Women should work closely with their healthcare providers to make personalized treatment decisions based on their unique circumstances. As research in this area continues to develop, it is important that treatment decisions for breast cancer are based on the best available evidence and tailored to each individual’s unique needs.

Researchers are re-examining breast cancer treatment protocols after several recent studies have indicated that breast cancer may be overdiagnosed and overtreated in the United States.  One study, released last week in the New England Journal of Medicine, indicated that as many as 1.3 million women in the United States have been misdiagnosed with breast cancer in the last 30 years when their tumors were in fact benign.

This overdiagnosis rate is due to false positives in breast cancer testing, which sometimes cause doctors to begin full breast cancer treatment, including surgeries, chemotherapy, and radiation therapy, for women whose tumors would never develop into cancer.

A second study, released a few days later, followed up with women who had selected to undergo preemptive double mastectomies to prevent breast cancer from recurring.  Many of these women were under the impression at the time of their double mastectomy that they would be very likely to get new breast tumors if they did not have both breasts removed, even if cancer was present in just one breast.

The findings in the study show that in these cases, double mastectomies lead to significantly longer recovery times and more complications, including infections.  However, according to study authors, the chance that the women in the study would have actually experienced a recurrence of tumors in the breasts was less than 30 percent.

The study concludes that while women whose family history or genetic factors make them particularly susceptible to breast cancer may want to have preemptive double mastectomies, women without these factors may not want to.

Double mastectomy patients have a large amount of skin and tissue loss, and the study’s results indicate that women report it may take up to two years to fully recover.  90 percent of women having the surgery indicated that preventing tumor recurrence was their main priority, even though the majority would not have suffered from a recurrence regardless of whether they had chosen lumpectomy, single mastectomy, or double mastectomy.

For women without genetic factors like BRCA1 or BRCA2, researchers say that women who have early-stage breast cancer may be better served by getting a lumpectomy.  This outpatient surgery has significantly fewer long-term side effects and will usually result in cancer-free status for women without BRCA1 or BRCA2 genetic mutations.

Clinical guidelines for breast cancer patients have already been rapidly changing in the United States since 2010.  Recommendations for mammograms to be done once every two years for most women without risk factors like a family history of breast cancer have been met with skepticism by some patient care advocates and physicians.

Sources: nih.gov, nejm.org