Medico-legal Aspects of Delay in Diagnosis of Breast Cancer
In order for a case alleging medical negligence to be successful, the claimant has to successfully negotiate at least 3 hurdles.

1. Firstly, did the doctor(s) have a duty of care?
2. Were the history-taking clinical examination advice procedure negligent?
3. If the medical expert deems that negligence has occurred, such as failing to obtain a tissue diagnosis on a solid breast mass the next hurdle is determination of causation. For causation to be established it must be shown that as a result of the negligence the claimant has suffered an injury, that is, a significant worsening of prognosis, and/or a need for more extensive surgery or radiotherapy and or a requirement for more toxic systemic therapy and/or psychological damage...

http://www.omicsonline.com/open-access/medicolegal-aspects-of-delay-in-diagnosis-of-breast-cancer-cns-1000103.php?aid=71871
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