Date of this Version


Document Type

Journal Article

Publication Details

"Missed Breast Cancer: The Legal Factors" (2005) 12 Journal of Law and Medicine pp. 511-518
This article is published by the ©Lawbook Co., part of Thomson Legal & Regulatory Limited.
Permission granted.


Any reading of the relevant legal authorities confirms the special difficulties involved in the diagnosis of breast cancer. In many cases a delayed diagnosis of breast cancer is made at a time when a patient’s position has become terminal. It is an easy task for lawyers and expert witnesses to determine in hindsight what should have been done at some point in the past. This article describes how the courts have dealt with this issue and comments on appropriate procedures and approaches to both protect the interests of the patient and confine liability for the medical practitioner.

This document has been peer reviewed.