When Can Failure to Order Additional Breast Imaging Be Medical Malpractice?

 Posted on October 02, 2026 in Medical Malpractice

Failing to order additional breast imaging becomes medical malpractice when a reasonably careful provider would have ordered it, and the delay caused harm to the patient. A screening mammogram is only the first step. When it comes back unclear, when dense breast tissue is combined with other findings or risk factors, or when someone reports a lump that the mammogram does not explain, more testing may be needed.

If you believe a doctor failed to diagnose your breast cancer in 2026, our Chicago, IL medical malpractice lawyers can review the imaging record and tell you whether what happened falls below the standard of care.

When Should a Doctor Order More Than a Screening Mammogram?

A screening mammogram is designed to look for signs of cancer in someone without symptoms. Radiologists use a standardized system called BI-RADS to describe mammogram results. A BI-RADS 0 score specifically means the study is incomplete and additional imaging is needed before any conclusion can be drawn.

Several situations commonly call for further evaluation:

• A screening result flagged as incomplete or requiring additional views

• A lump the patient or a provider can feel, even when the mammogram looks normal

• Dense breast tissue, which can hide tumors on a standard mammogram

• Nipple discharge, skin dimpling, or other visible changes

• A strong family history or known genetic risk

• A finding that changed compared to prior images

• Persistent symptoms in the same area over multiple visits

Follow-up can mean diagnostic mammogram views, an ultrasound, an MRI, or a biopsy. What matters legally is not which test was chosen but whether doing nothing was a reasonable option under the circumstances.

What Makes a Missed Breast Cancer Diagnosis Medical Malpractice Rather Than Bad Luck?

A malpractice claim requires four things. The provider owed you a duty of care, which exists automatically in a treating relationship. The provider breached the standard of care, meaning they did something a reasonably careful provider in the same specialty would not have done, or failed to do something that provider would have done. That breach caused harm. And you suffered actual damages as a result.

The second element is where these cases are won or lost. The question is not simply whether the doctor was right. It is whether the decision was reasonable based on the information available at the time. A radiologist who sees a suspicious density and recommends a six-month follow-up instead of a biopsy could be acting reasonably or negligently, and that depends entirely on what the images show.

Dense tissue appears white on a mammogram, and so do tumors, which makes cancer genuinely harder to see. Patients are now routinely notified about their breast density. Dense breast tissue alone does not mean additional imaging is required. However, if a patient also has a lump, suspicious imaging finding, or other risk factor, the provider may need to consider additional evaluation rather than relying only on a normal mammogram.

How Do You Prove That a Delayed Breast Cancer Diagnosis Actually Caused Harm?

Proving harm in these cases means showing what the delay cost, not just that time passed. Breast cancer is staged, and treatment and survival outcomes differ substantially between stages.

For your claim, you would typically need to show how the cancer would likely have been treated if it had been found earlier and how the delay changed that outcome. For example, the delay may have allowed the cancer to spread, required more aggressive treatment, or reduced the chance of recovery.

Illinois law also recognizes claims when medical negligence reduced a patient’s chance of recovery or increased the risk of harm.

What Does Illinois Require to File a Medical Malpractice Case?

Under 735 ILCS 5/2-622, your attorney must file an affidavit stating that they consulted a qualified health professional. That professional must review the case and find a reasonable basis for filing it. That professional also has to be knowledgeable in the issues involved and must have practiced or taught in the same area of medicine within the last six years. A written report explaining their reasoning is attached to the complaint.

This is one reason these cases can take time to prepare. Obtaining complete imaging records, having a qualified physician review every study, and securing a written report is work that happens before anything is filed.

Schedule a Free Consultation With Our Chicago Failure to Diagnose Attorneys

At Winters Salzetta O'Brien & Richardson, LLC, our award-winning attorneys have been fighting for accident victims since 1997. We bring decades of experience to every case we handle, including many failure to diagnose breast cancer cases. Contact us at 312-236-6324 to talk to our Chicago, IL medical malpractice lawyers today.