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The Law & You

A Mammogram Missed My Breast Cancer. Do I Have a Malpractice Case?

The Law & You
June 20, 2015

The Law and You

A Mammogram Missed My Breast Cancer. Do I Have a Malpractice Case?

A concerned viewer states that she has breast cancer after a mammogram came up with nothing. Does she have a medical malpractice case? Medical malpractice lawyers Greg Fellerman and Ed Ciarimboli explain what to do next.

Dave Kuharchik: The topic today is a serious situation involving breast cancer. Of course, we’re back with “The Law & You,” featuring award-winning attorneys Greg Fellerman and Ed Ciarimboli, guys as always thanks for being here.

Ed Ciarimboli: Great to be here today.

Dave: Yeah. We have a tough situation to get to. This question involves breast cancer and sounds like a mammogram gone wrong. This is from Jill in Nanticoke, “I have breast cancer. It was at a mammogram in March of 2012 but nothing was found. I found a lump in my breast in May of 2013. I have stage 2 Cancer. And I lost my right breast. Do I have a malpractice case?” Is there anything Jill can do here about this mammogram and the lack of finding?

Ed: Yeah. Jill, the answer to your question is I don’t know. I do a lot of malpractice cases and lot of breast cancer cases. We would need a little bit more information to tell you, what we would need to know, what we need to look at would be that mammography. To see if there’s actually was anything on it that was missed because you’re here at stage 2 and it’s been about a year, year and a half since we had that mammogram. There is the possibility that there was nothing on it and that that particular lump has grown in that in that period of time and there may not be any malpractice. So I think we need a little more information on this to the answer that question.

Greg Fellerman: And when we talk about information, we always say it all the time. Records, records, records. We need the records. You gotta go get your records. You get your MRI, your X-ray, your films, anything that’s relevant, doctors, any doctors visit that occurred during a premature lifetime. It is very important to have to get them together. Get to an attorney because of that statute of limitations clock, we talk about, could be ticking. You need to move quickly.

Dave: Now tell us how our viewers can get in touch with you, and are you guys able to help out with someone who may need a situation with the medical records? If someone’s not sure what to do and how to get those, can you help with that?

Greg: Yeah, no. We can give you the advice and just so you understand you have an absolute right to your medical records. You don’t even need to give a reason, so you can just walk in and ask for a copy. They will produce them and if you have questions call us 570-714-HURT or see us on the web at

Ed: The other thing is when you get those medical records you want to make sure that they’re accurate. So you, yourself, you want to go through those and say hey, ‘I was there on this particular day and I was telling my doctor this and that’s nowhere in the in the record.’ You have the right in Pennsylvania, a Patients’ Bill of Rights and you have the right to make sure that your medical records are accurate and complete so it’s very important thing for people to kinda make sure they take a look at their medical records.

Dave: Alright, good advice, results matter with attorneys Greg Fellerman and Ed Ciarimboli. Guys thanks, we’ll see you next time.

Ed and Greg: We’ll see you tomorrow.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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