When a “Low Risk” Becomes a Life-Threatening Mistake: A Personal Look at Breast Cancer Misdiagnosis

Michele Mirman | Medical Malpractice | October 21, 2025

I am Michele Mirman, a New York City medical malpractice and personal injury trial attorney for over forty years. I’ve represented many women who, despite doing everything right—eating well, exercising, attending their annual checkups, and trusting their doctors—were not diagnosed with breast cancer in time. 

By the time they were correctly diagnosed, the disease had spread, robbing them of critical lifesaving treatment opportunities. Too many died far too young, leaving their families shattered, asking the haunting question, “Why wasn’t the cancer caught sooner?”

The Tragic Cost of Delayed Breast Cancer Diagnosis

These stories are not rare. In 2024 alone, an estimated 310,720 women were diagnosed with breast cancer in the United States, a stark reminder of the urgency of early detection and vigilant medical care.

Each time I take on a case like this, I see a mother, daughter, sister, wife who was entitled to the right care and whose doctor failed her. And every time I sit across from a grieving family, I’m reminded that early detection isn’t just a medical issue; it’s a moral one. It’s about whether our healthcare system truly cares about us women and is truly doing what is already in their medical arsenal to protect our lives.

I am not asking for specialized, unusual, or rare treatment. I am just asking that our medical community use the accepted, everyday standard of care when they treat us.

Don’t Rely on Breast Cancer “Predictors.” Get Tested.

I’ve recently been hearing more and more about a type of questionnaire that evaluates the odds of a woman getting breast cancer, calling itself a “risk assessment” “predictor” of breast cancer. It’s like a “poly market” for breast cancer, but you’re betting your life, instead of money.

A diagnostic tool that could actually tell us what our risk is for breast cancer, warn us in advance, help us plan, maybe even save our lives, would be amazing. But that’s not what a ”risk assessment predictor” is. 

A “risk assessment predictor” cannot determine whether we have breast cancer and is not a surefire way to determine whether we will get breast cancer. And I am worried that women will be misled into relying on this “assessment,” instead of getting the testing we need, like genetic testing, 3D mammograms, MRI’s and breast ultrasounds.

What a Risk Assessment Really Is

A risk assessment is a series of questions chosen to estimate our risk of developing breast cancer. These are questions that any doctor should already be asking as part of the patient’s history. Questions like:

• Did anyone in your family—your mother, sister, or daughter—have breast cancer?
  
• Have you or your relatives ever had genetic testing? If so, what were the results?
  
• Does anyone in your family carry the BRCA1 or BRCA2 gene mutation?
  
• How old were you when you started menstruating? When did you reach menopause? How old were you when you had your first child?

These are important questions, but they are not a diagnosis. They are data points that feed into a computer algorithm that compares your answers to those of thousands of other women and spits out a risk percentage. 

The truth is, a risk assessment is simply mathematical, not diagnostic. There will of course be a margin of error and since we are given a percentage, we can always be on the wrong side of that percentage.  We can always be part of that “1%” or “2%” or “10%” who will get breast cancer, despite the odds. 

Why “Low Risk” Does Not Mean “No Action”

If your score reads “low risk,” should you skip your mammogram? Should you avoid genetic testing and assume you’re safe?

Absolutely not.

And this is where I become deeply concerned—not just as a lawyer, but as a woman. I worry that “low risk” offers a false sense of security so that women will skip their screening, only to be diagnosed with advanced breast cancer when they finally are screened.  

The Danger of Relying Solely on Risk Prediction Tools

The problem with relying on risk prediction tools is that they can’t see what’s actually happening inside your body. They can’t detect a tumor. A risk score doesn’t replace a mammogram, an ultrasound, or a biopsy. It’s simply a guide, and can be misleading.

As an attorney who has spent decades fighting for women whose cancers were missed, delayed, or misdiagnosed, I can tell you that numbers on a page don’t save lives, vigilance does.

We protect ourselves by being proactive, by choosing a well-regarded doctor at a reputable hospital, by getting our mammograms and genetic testing, and by asking questions until we get clear, honest answers.

The Power of Early Detection: What Every Woman Should Know

Even the best doctors can’t treat what they don’t detect. Mammograms, ultrasounds, and MRIs are our first line of defense. They catch the small changes a risk score never will. When combined with genetic testing for BRCA1 and BRCA2, these tools reveal risks that can’t be seen on the surface.

Why Mammograms Still Matter

Early detection gives doctors the chance to act before the cancer spreads, and gives us a fighting chance to beat cancer and live a full, healthy life.

The Role of Genetic Testing

If breast cancer runs in our families, genetic testing is life-saving. The BRCA1 and BRCA2 mutations significantly raise our chances of developing breast and ovarian cancer. A simple blood or saliva test can identify these risks early, allowing us and our doctors to create a prevention plan that’s right for us.

Understanding Breast Density and New Laws

Under the Federal Breast Density Law of 2024, radiologists must tell us if we have dense breast tissue, a condition that can make tumors harder to see. Dense tissue doesn’t cause cancer, but it can hide it. Knowing our breast density helps us and our doctors decide if we need additional imaging.

When Negligence Becomes Medical Malpractice

If your doctor dismisses your concerns, or relies solely on a “low risk” score to delay screening, or fails to order tests, that’s not good medicine. It’s negligence. And if that negligence costs you your health, that’s medical malpractice. Early detection saves lives.

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.

If you suspect you’ve been misdiagnosed, call me Michele Mirman. You can reach me at 212-227-4000 or connect at mirmanlawyers.com.