The Hidden Cancer Risks for Women with Dense Breast Tissue — Why Women Must Demand Appropriate Treatment

Michele Mirman | Medical Malpractice | October 17, 2025

When I talk to women who’ve discovered they’re victims of a cancer misdiagnosis, I always hear “If only I’d known sooner.”  “Sooner” because early detection is the key in breast cancer to survival. Many times, however, “sooner” did not happen because a doctor failed to disclose the patient had dense breast tissue — a condition that can mask cancer tumors and which the law now demands your doctor disclose.

I’m Michele Mirman, a NYC personal injury and medical malpractice lawyer and a longtime advocate for medical accountability. In my decades of representing women, I’ve seen how doctors’ silence delays treatment and costs lives. I write this blog to stand with you — to help you understand your rights under the Federal Regulation governing mammogram reporting of breast density. This law came into effect in September 2024 and empowers you to demand full disclosure and to hold medical providers accountable when they fail to warn you.

On September 10, 2024, the U.S. Food and Drug Administration (FDA) updated its regulations to mandate that all mammography facilities must inform their patients about breast density. The law requires mammogram reports to state:

• whether a patient’s breast tissue is dense or not
• the increased risk of breast cancer with dense breasts
• the difficulty dense breasts pose for mammogram accuracy
• that patients with dense breasts speak with their healthcare provider about this information.

Hospitals, like New York City’s Mount Sinai, point out that under the new guidelines, mammogram reports must now include uniform information about breast density.  This change is not cosmetic — it’s lifesaving.

Why Dense Breast Tissue Matters in Cancer Misdiagnosis

Dense Tissue Hides Tumors

Dense breast tissue can increase the risk of breast cancer and make it hard to detect cancer on a mammogram. This tissue is more fibrous and glandular than fatty tissue. On a mammogram both dense tissue and tumors appear white. That makes it harder for radiologists to distinguish between normal dense tissue and a suspicious mass.

This means that cancers can be obscured — hidden in layers a radiologist cannot see on a regular mammogram. The result is that the chance of cancer misdiagnosis increases significantly. And this is not a unique problem: 43% of women being screened have dense breast tissue, which can mask or hide breast cancers from detection on a mammogram.

It is therefore imperative that radiologists report that a patient’s breast tissue is dense, that the mammogram may miss cancer, and that other tests exist that may be more accurate. This information gives patients the opportunity to get other tests like ultrasounds and MRI’s to determine whether cancer is present. The information gives women a chance for early detection and survival.  

But what happens if the doctors fail to tell the patient she has dense breasts or fails to order or recommend these additional tests? Cancers that could have been caught early and cured are left undiagnosed to grow, metastasize and become incurable Stage IV cancer.

Why Informed Consent Matters Legally

The legal term “informed consent” means you must be told about known risks, alternatives and material facts. Dense breast tissue is precisely that kind of material fact.

When a doctor fails to tell you about your breast density, that’s medical malpractice for nondisclosure, actionable should you indeed  have undiagnosed cancer. You had the right to know because with that knowledge, you could have pursued additional screening like ultrasound or MRI followed by closer monitoring.

Courts increasingly recognize that nondisclosure in screening and diagnostics can be negligence. If you were never told about density, that omission may prove you were deprived of the chance for earlier detection.

The New Breast Density Law 2024 — What It Requires of Doctors

What the FDA Mandate Changes

As of September 2024, mammogram reports must uniformly include breast density information. That means any screening facility in the U.S. must tell you how dense your breasts are and what that means for cancer detection risk. 

This law is historic. Before, many women never got that disclosure or received inconsistent wording that buried the risk. Now, the law puts responsibility squarely on medical providers to inform you clearly.

When Doctors Fail to Comply

When a breast imaging center or physician fails to disclose density information, it isn’t a small oversight; it undermines your ability to make informed decisions about your health. In cases of cancer misdiagnosis, nondisclosure can be a key legal claim.

Imagine the scenario: You get a “normal” mammogram and no one says your breasts are dense; later a tumor is found that MRI or ultrasound imaging would have caught if density had been noted. That delay costs you early treatment which is huge in survival rates.

Steps You Can Take — Don’t Wait for Regret

Ask Direct Questions

• “What is my breast density? How does it affect my cancer risk?”
  
• “Would additional imaging (ultrasound, MRI) help given my density?”
  
• “If density makes tumors harder to see, what’s your plan to monitor me more closely?”
  

Don’t settle for vague, non-committal answers. You are entitled to clear, direct answers.

Review Your Reports and Speak Up

When you receive your mammogram results, ensure the density is clearly stated, as required under Breast Density Law 2024. 

If the report uses vague language like “your breasts are heterogeneously dense” without explanation, ask for clarification.

Keep Detailed Records

• Save all mammogram reports, radiologist notes, and communications.
  
• Keep medical bills, pathology reports, and referrals.
  
• Note dates you asked questions, and what your provider answered.
  

These documents become critical evidence if you must pursue a case of cancer misdiagnosis.

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.