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In summary:

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.

What is breast cancer?

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.

What key investigations should be done?

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 Practitionersrecommended 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:

  1.  Patient history and clinical breast examination: this involves a thorough physical examination where a healthcare professional will carefully check your breasts, nipples, armpits, and collarbone. They will also ask questions about your personal and family history of breast cancer, and whether you've noticed any changes in your breasts.

  2. Mammography and/or ultrasound imaging: a mammogram is an X-ray of your breast that helps detect signs of cancer, even if you don’t have any symptoms. Usually, two images of each breast are taken and reviewed by a specialist to look for anything unusual.

  3. The use of non-excisional biopsy: this involves taking a small sample of tissue from your breast or lymph nodes. A pathologist (specialist doctor) then examines the sample under a microscope to check for cancer cells. This helps confirm a diagnosis and guide the best treatment plan.

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.  

How can I access breast cancer screening in Australia?

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.

Where things can go wrong: delayed on missed diagnosis

Unfortunately, there are cases where:

  • a patient reports a lump and is told it’s nothing without any further imaging or biopsy
  • abnormal mammogram results are not followed up
  • there is failure to refer for a biopsy when the clinical and radiological findings do not correlate (i.e a mammogram comes back normal but there is the presence of a suspicious lump)
  • delays in referral to specialists cause harmful delays in diagnosis and treatment

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.

Your rights and what to do

If you believe your diagnosis was delayed due to poor care, you may have legal options. It’s important to:

  • request copies of your medical records
  • document your symptoms, appointments, and test results
  • seek legal advice from an experienced medical negligence lawyer in breast cancer misdiagnosis claims

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.

We're here to help

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.

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Our team of expert medical negligence lawyers are here to help you understand your legal options and to achieve the best possible outcome for you. Our No Win, No Fee policy means that if we don't win, you don't have to pay our legal fees. 

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