This article highlights the vital importance of early breast cancer detection. The Triple Test (comprising a clinical examination, imaging, and biopsy) is the recommended approach for investigating new breast symptoms and ensuring prompt, effective treatment.
While free mammograms are available for eligible women, delays or missed diagnoses can allow cancer to progress, sometimes resulting in serious harm. In such cases, affected patients may have legal options. Keeping detailed records of symptoms and medical care, and seeking advice from an experienced medical negligence lawyer, can help protect your health and your rights.
For many Australians, a breast cancer diagnosis is life changing. But when that diagnosis is delayed, the impact can be devastating.
As medical negligence lawyers, we often represent clients who have experienced a delayed or missed breast cancer diagnosis, leading to serious harm that could have been prevented. Early detection saves lives. Each year, over 3,300 people in Australia (including 33 men) will die from breast cancer, yet many cases are treatable if identified early. Understanding what tests should be done, and when, is crucial to ensure patients receive the right care.
Breast cancer happens when cells in the breast grow abnormally and form a lump or tumour. These cancerous cells can sometimes spread to other parts of the body. According to the National Breast Cancer Foundation (NBCF), it’s one of the most common cancers affecting Australian women, though men can also be diagnosed.
The good news? When detected early, breast cancer is very treatable. The earlier an abnormality is discovered, the greater the number of effective treatment options available. This ensures the best possible outcome. That’s why knowing what tests to do and following up promptly on any symptoms is so important.
In 2017, Cancer Australia released a guide for GPs, designed to maximise the effectiveness of investigating symptoms that could be breast cancer.
The Investigation of a New Breast Symptom: A Guide for General Practitioners, recommended by the Australian Government, outlines the Triple Test, which is the endorsed approach for investigating new breast symptoms.
The Triple Test combines three essential steps:
When used together, these three tests significantly increase the chance of early detection. If one result is unclear, the others help form a more accurate diagnosis.
Free routine mammographic screening is available in each state for women aged 50-74 through BreastScreen Australia. If a symptom is found outside of this program, your GP should refer you for the necessary investigations, either in the public system or privately. Women aged 40-49 and over 75 are also eligible for a free mammogram; however, they don’t receive automatic reminders like women aged 50-74 do.
Unfortunately, there are cases where:
When this happens, the cancer can spread, and treatment becomes more difficult. This may be considered medical negligence, especially if the care fell below accepted standards and resulted in harm.
A recent client story illustrates this clearly. She underwent a mastectomy for hormone receptor-positive breast cancer. Although a multidisciplinary team recommended Tamoxifen therapy to reduce recurrence risk, she was never properly informed about its significance or offered an oncology consultation or follow-up. Years later, she returned with metastatic disease, an outcome that might have been prevented with timely hormonal treatment. This case highlights how a lack of clear communication can have life-altering consequences.
If you believe your diagnosis was delayed due to poor care, you may have legal options. It’s important to:
Breast cancer is common, but it’s often treatable when detected early. Staying proactive about your health (and knowing your legal rights) can make all the difference.
As experienced lawyers in medical negligence claims, we’re here to help. If you have experienced a delayed breast cancer diagnosis, or you know someone who has, you may be eligible to make a claim. We can help you understand what legal options are available to you. Get in touch with us today.
We've successfully represented hundreds of patients and their families in complex and sensitive cases.
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