Liability in breast cancer screening

The U.S. breast cancer mortality rate has risen over the past 29 years in women 50 years of age and older. This is surprising in light of the fact that the disease is curable when detected early through mammography together with clinical breast examinations (CBE). One major problem is that many women are not being screened. Only about one-third of women 50 years of age and older are receiving yearly screening mammograms, despite published guidelines. Regarding CBE, more women are receiving them, but there is room for improvement. The main reasons given by women for not having a mammogram are: 1) their physicians did not recommend it; 2) they did not know they needed one; or 3) they did not have any breast problems. These responses reflect a lack of awareness of breast cancer screening recommendations and indicate that women are not being given adequate information about breast cancer from their physicians. This paper will explore the medical malpractice literature in order to discuss the question of whether physicians should be liable for failing to inform their female patients.