A physician may be sued for malpractice if a patient develops a cancer that might have been detected sooner by a screening test. A physician may be found liable even though many screening tests are flawed and some cancers can progress very rapidly.
Examples of screening tests and tumors detected:
(1) mammogram for breast cancer
(2) PSA for prostate cancer
(3) colonoscopy for colon cancer
(4) Pap smear for cervical cancer
Risk factors for being found liable for negligence if screening is not performed:
(1) The patient has a family history or other risk factors for the tumor.
(2) The patient has expressed concerns about or has signs and symptoms suggestive of the tumor.
(3) The physician did not follow accepted standards of care or recommendations for screening.
(4) The physician has failed to accurately record details of conversations or examinations.
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