Misdiagnosis, delayed diagnosis, and failure to diagnose breast cancer are liability risks, particularly for radiologists, gynecologists, general surgeons, and family medicine practitioners, according to closed claims data from The Doctors Company from 2007-2013. Several factors contribute to these risks:

• Conflicting guideline screening recommendations.
• False negative mammograms, which fail to detect some cancers.
• False positive mammograms, which lead to breast biopsy.
• Radiation exposure.

The 2008 American College of Radiology and 2003 American Cancer Society guidelines recommend annual mammography screening for asymptomatic, average-risk women age 40 and older.¹ However, the guidelines set forth by the U.S. Preventive Services Task Force in 2009 recommend starting routine mammograms for women with an average risk of breast cancer at age 50.¹ Although the presence of numerous professionally endorsed options arguably gives physicians a broader set of clinically valid choices, inconsistent guidelines may also leave physicians feeling more exposed to malpractice claims.²

Adding to this dilemma is that some states are now requiring physicians to notify women who have dense breast tissue,³ which makes it more difficult to read mammograms. However, there are no guidelines on what physicians should do if a woman has dense breast tissue.

In addition, interpreting mammograms can be difficult because normal breasts vary in their mammographic appearance.⁴ Physicians should consider a personalized approach that best assesses the individual patient's need.

Physicians can reduce risks and promote patient safety by:

• Communicating with patients about conflicting guideline recommendations.
• Discussing why you believe your recommendation is right for the patient.
• Reviewing the patient's breast-related medical history and breast cancer risk factors to assess their impact on breast cancer risk.
• Ensuring that an adequate follow-up system for mammogram reports is in place.
• Clearly communicating mammogram test results to the patient in a timely manner and ensuring that the patient understands the significance of the findings and recommendations.
• Documenting all discussions with patients in the medical record.

For medical groups, all member physicians should agree on and follow consistent practice guidelines for breast cancer screening.

Contributed by The Doctors Company. For more patient safety articles and practice tips, visit www.thedoctors.com/patientsafety.

 

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¹Pace L, Keating N. A systematic assessment of benefits and risks to guide breast cancer screening decisions. JAMA. 2014;311(13):1327-1335. http://jama.jamanetwork.com/article.aspx?articleid=1853165. Accessed May 30, 2014.
²Kachalia A, Mello M. Breast cancer screening: Conflicting guidelines and medicolegal risk. JAMA. 2013;309(24):2555-2556. http://jama.jamanetwork.com/article.aspx?articleid=1691914. Accessed May 30, 2014.
³Rabin, R. Dense breasts may obscure mammogram results. New York Times. June 14, 2014. http://well.blogs.nytimes.com/2014/06/16/dense-breasts-may-obscure-mammogram-results/?_php=true&_type=blogs&_r=0. Accessed June 23, 2014.
⁴Mammography. RadiologyInfo.org. May 7, 2013. http://www.radiologyinfo.org/en/info.cfm?pg=mammo. Accessed May 30, 2014.