Genetic testing for cancer has gained a great deal of attention from the media lately, with some very big name celebrities coming forward with their personal stories. The advancements in medicine, testing, and the way people are presented with this information is quite amazing and has provided people with valuable information to make critical life changing decisions. While the idea behind genetic cancer screens is good and could potentially save a large number of lives, it is important to understand that there are many factors that must be considered, and these decisions cannot be made lightly or rushed into.
One of the most talked about genetic tests for cancer is the breast cancer test. This test is done on women who believe their risk for developing the disease is higher than average, or if they have a specific concern regarding their health. It can also be done on any woman wishing to know her odds of potentially being diagnosed with the condition. While such testing can be tempting to people in the hopes of being able to avoid a serious illness, the tests are not completely without fault and their accuracy has been called into question.
A recent study that was conducted on the validity of these tests has found that the particular genetic test that is usually used specifically to determine the risk of breast cancer can miss certain mutations that can cause cancer. The test is supposed to work by looking for specific mutations of the disease known as BRCA1 and BRCA2. However, the study that was conducted by the University of Washington found that the test missed locating these specific mutations in roughly twelve percent of breast cancer patients being tested with a family history of multiple cases of ovarian or breast cancer. The University study is being published in the Journal of the American Medical Association and has brought to light concerns that several patients who are considered to be high risk may have received result that are not accurate, and may have been false positive.
The test is manufactured by a company based in Salt Lake City, Utah. The company is the holder of many patents for this type of testing, making it hard for competitors to enter the market and potentially come up with a test that may provide better, more accurate results. The manufacturer states that between five and ten percent of all breast cancers found in Caucasian women in the United States comes from BRCA genes with mutations that are inherited.
If you or someone you know has undergone genetic testing for breast cancer and you have received a false negative, you should know that you have legal rights and you may be able to take action against the manufacturer of the test to seek compensation for your damages. The best thing you can do is to contact a personal injury attorney as soon as possible following the false positive result. Acting in a prompt manner will ensure you do not miss any filing deadlines or statutes of limitations, and will give you the best possible chance at a favorable outcome.
A personal injury attorney who specializes in medical negligence will be able to review the details of your case and will handle every aspect of your claim, from start to finish. He or she will gather medical records, speak to medical professionals, and even arrange for expert testimony if necessary. Your personal injury attorney will also deal directly with the legal representation that is working to protect the interests of the manufacturer; a process that can be extremely difficult if not impossible to do on your own.
In most situations, personal injury attorneys work on a contingency basis, which means that you are not required to pay any money upfront in order to begin the legal process. For the most part, attorneys do not require payment of any type until the time your case settles. This can be a great comfort during a time that is already stressful enough.
Compensation for cases such as these can be sought for a variety of medical expenses, including past, present, and future treatments, for loss of income, and for pain and suffering. Depending on the exact circumstances surrounding your case, punitive damages may also be sought. This type of damages is meant to be a form of monetary punishment against those responsible for causing the harm in an effort to deter them from committing similar acts in the future.
Misdiagnoses such as these can have absolutely devastating effects on individuals as well as their families. People put their faith in the validity of tests like this and use them to make decisions that will alter the course of their entire lives. Receiving false information can cause people to make a decision that is not accurate and one that could potentially become deadly.
Manufacturers of medical tests of all types owe the public a particular duty of care to provide a product that is both safe, and accurate. These tests are to undergo strict testing and must meet many requirements before they can be placed on the market. When this testing is not done, or is not done correctly, products could be placed on the market improperly or without all of the data being available for people to make truly informed decisions. People may also be under misconceptions as to what the test can really do because the manufacturer overstates the reach of the test.
There is no excuse for this type of negligence and people should never be faced with having to deal with wondering if their life changing test was really accurate or not. Taking legal action against manufacturers who make false claims or provide false test results is not only something you should do for yourself, to protect your valuable legal rights, but also to help protect other innocent patients in the future from suffering the same heartbreak. Consult with a personal injury attorney today to determine all of your legal options.
Source by Chris N. Jackson
