How AI in Mammography Could Prevent Future Medical Malpractice Claims in NY

Michele Mirman | Medical Malpractice | October 14, 2025

I’m Michele Mirman, and as a medical malpractice attorney, I’ve stood for years with women who’d been harmed by delayed or missed diagnoses. I’ve heard over and over how the medical malpractice of their doctors wasn’t an abstraction to them; it was real lives changed. Now with AI entering breast imaging, we have a new tool that could help prevent some of those tragedies.

AI as a Second Set of Eyes in Mammography

How AI Helps Radiologists Spot More

At one New York City hospital, Mount Sinai, for example, radiologists are using AI to augment mammogram reading and performing over 100,000 AI-assisted mammograms as of March 2025. AI doesn’t replace the human radiologist; it highlights areas on the mammogram the radiologist should examine more closely. Studies show that pairing AI with radiologist review increases the detection of small cancers and reduces missed findings. 

This matters because human radiologists, over long shifts, can suffer from fatigue or “satisfaction of search.” That means that finding one abnormality reduces attention to others. AI doesn’t tire. It reviews every scan with undiminished focus. 

Evidence That AI Improves Detection

A multicenter study involving over 747,000 women found that those who opted for AI-enhanced screening saw a 43% higher cancer detection rate over standard mammography alone. In another international study, AI algorithms integrating multiple imaging modalities reduced recalls and improved specificity while maintaining sensitivity. That kind of data gives me hope, because every additional cancer detected early can be a life that is saved. But the legal question looms: what happens when a hospital has access to AI tools and fails to use them?

Hospitals’ Legal Responsibility to Adopt Modern Screening Standards

Standard of Care Evolves

In medical law, the “standard of care” isn’t static. As new tools and technologies become available and are validated, they become part of what a reasonable hospital or physician is expected to use. They become “the standard of care.” Failing to adopt AI-enhanced imaging, especially in major medical centers, may be viewed as negligence.

If a hospital continues using only traditional imaging when evidence strongly supports AI as a supplement, patients harmed by missed cancers may have grounds for medical malpractice claims in NY.

When Using Outdated Systems Becomes Negligence

Imagine this: a woman has a dense breast pattern, receives a normal mammogram report, and later is diagnosed with advanced cancer. If AI algorithms available at peer institutions could reasonably have detected that cancer earlier, the hospital may be liable for using outdated technology.

As your advocate, I say having access to AI is not optional; it’s part of an evolving standard of care. When a failure to adopt new, validated, in-use technology results in harm, that’s medical malpractice.

How Women Can Protect Themselves

Insist on AI-augmented Screening

Ask your radiologist or breast imaging center: “Do you use AI as part of your mammogram review?” If the answer is no, that’s a red flag. Centers like Mount Sinai do use AI.

If your screening facility doesn’t use AI, make sure your provider is extra cautious and can use additional screening techniques like ultrasound and MRI’s, especially if you have dense breasts or a family history, or change facilities to an up-to-date one.

Stay Informed and Document Everything

Keep copies of your mammogram reports, images, radiologist notes, anything relating to your screenings. If you ever suspect you were misdiagnosed, those records become critical. Ask for your images, not just the reports, because AI tools can revisit image data itself.

Call an Attorney If You Suspect Harm

If your breast cancer was missed or delayed especially when AI was available—don’t wait. Being proactive early ensures that evidence, records, and expert opinions remain viable.

A Call for Safer Systems

AI in mammography is more than a buzzword. It’s a powerful “second set of eyes” that can catch what humans might miss. With mounting evidence that AI improves detection rates, hospitals must adopt it or risk that failure becoming a legal liability.

As a woman, an advocate, and a medical malpractice attorney, I see what’s at stake. Every time breast cancer is caught earlier, a woman’s life and the life of her family are changed for the better. Every time there is a misdiagnosis and the cancer is caught too late, families pay the price.

Why You Need Legal Support

In a cancer misdiagnosis case, you’re up against medical records, institutional defenses, and expert testimony. You need a medical malpractice attorney who understands exactly what these cases and you require.

You Don’t Have to Face This Alone

If you suspect a cancer misdiagnosis, call me Michele Mirman at 212-227-4000 or connect through my office Mirman, Markovits & Landau  mirmanlawyers.com.

You deserve clarity, justice, and the best chance for health. I’ll fight for all three.