Misdiagnosis of Breast Cancer Instead of Benign Tumor

A middle-aged woman had a biopsy for possible breast cancer after mammograms revealed a suspicious area in her breast. The pathologist who interpreted the biopsy specimens reported that microscopically the tissue showed a breast cancer. Based on this, the surgeon recommended and performed a breast mastectomy, after the woman consented to the surgery based on the pathology diagnosis. After the surgery, however, a significant portion of the woman’s breast tissue that had been removed with the mastectomy was “lost” by the hospital, so that further testing could not be performed on that tissue to determine the best type of chemotherapy that she should also receive. The original biopsy results were therefore sent to an outside facility at the woman’s request, to obtain a second opinion as to the best chemotherapy treatment. It was determined on this subsequent pathology review, and confirmed thereafter, that the woman never had breast cancer in the first place. Instead, the pathologist who misdiagnosed her breast cancer to begin with had reported cancer when there were actually just benign breast cancer changes in the original biopsy. Mark Clore, along with a lawyer colleague, tried the case for approximately 3 weeks, and the jury awarded a substantial verdict in favor of the woman.

• Attorney
  Mark D. Clore
• Outcome
  Confidential Jury Verdict