• 20
  • September
    2010

A recent New York Times article references a 2006 study that estimated 90,000 cases in which women diagnosed with ductal carcinoma in situ (D.C.I.S.) or invasive breast cancer either do not have the disease or received incorrect treatment based on another error by their pathologist. Another study in 2002 reviewed pathology in 340 breast cancer cases and found that 7.8 percent of them had errors serious enough to change plans for surgery.

Mammograms and Biopsy

Advised of the benefits of early detection, many women young and old faithfully make their mammogram appointments every year. However, the United States Preventative Services Task Force has found that the downside of routine annual mammograms for younger women may offset the benefits of early detection, referring specifically to overdiagnosis of D.C.I.S.

While some regard a biopsy as a foolproof means of identifying cancer, the Times reports that there are no mandatory diagnostic standards or requirements that pathologists performing the work have any specialized expertise. The Times further reports that the federal government is subsidizing a nationwide study of variations in breast pathology, based on concerns that 17 percent of D.C.I.S. cases identified by a commonly used needle biopsy may be misdiagnosed.

Dr. Michael Lagios, a California pathologist, reviewed 597 breast cases in 2007 and 2008, and found discrepancies in 141 of them. He says that based on his experience, microscopic core needle biopsies of low-grade D.C.I.S. and benign lesions may be misread 20 percent of the time.

Nanotechnology Designed to Eliminate False Positives

According to a press release posted on MarketWatch.com, Manhattan Scientifics announced earlier this year that it had acquired exclusive rights to commercialize early cancer detection technology developed by Senior Scientific. The technology utilizes magnetic, nano-sized cancer-targeting antibodies that bind only to cancer cells and is 1,000 times more sensitive and capable of detecting breast cancers three years earlier than with mammograms, which require 100 million malignant cells before a tumor can be detected.

Manhattan Scientific CEO Manny Tsoupanarias said that the system is designed to eliminate false positives and that so far, tests have produced objective, and not subjective, results. He is optimistic about the use of the technology to alter the diagnostic approach to a variety of cancers, such as ovarian, pancreatic, skin, cervical, brain, prostate, colon and bladder cancers.

Patients who have been misdiagnosed with cancer (or there was a failure to diagnose cancer) should contact a personal injury attorney. While no settlement or jury award can take away the fear or undo any unnecessary treatment or surgery, these patients may be entitled to compensation from their pathologists, doctors or hospitals for negligence.