Legal Help for HER2 Misdiagnosis in North Carolina

NC Hospital System Is Quietly Informing Some Breast Cancer Patients That They Were Misdiagnosed

A number of breast cancer patients treated at a North Carolina hospital have been quietly informed by the hospital that an error was made in their diagnosis. Many of these patients have been contacted by the hospital during 2024 to tell them of the error.  

The errors by the hospital, however, occurred for years, in some instances as early as 2019.  

These patients were told their breast cancer was “HER2-positive” when, in fact, their cancer was “HER2-negative.”  As a result, these patients may have received chemotherapy and other treatments unnecessarily for their cancer type. The patients may not have received the treatment they needed.  

HER2-negative treatments can include immunotherapy, hormonal treatment, targeted therapy, chemotherapy, surgery, and radiation.  

The hospital system has been contacting patients directly and offering to negotiate with them for their damages due to the hospital’s errors.  

The damages suffered by these patients are far-reaching and frightening.  

Can you imagine going through chemotherapy that you shouldn’t have received? Can you imagine being billed for inappropriate services? Can you imagine your doctor not having the correct diagnosis to form a proper treatment plan? Can you imagine not getting the treatment you needed for your breast cancer? 

The emotional distress on the patient and the patient’s family during any breast cancer treatment is difficult enough. But what if, years later, your hospital called and told you your diagnosis and treatment had been wrong? For these patients, their cancer doctors were told by the hospital system to treat the patient for HER2-positive cancer when their cancer was HER2-negative.  

If you’ve been told by your North Carolina hospital system that you were diagnosed with HER2-positive breast cancer when you were HER2-negative, you’re not alone. More than a dozen breast cancer patients have already come forward saying they have received calls from this hospital that they were misdiagnosed.  

These misdiagnoses can have profound implications, potentially subjecting you to inappropriate treatments and unnecessary risks.  

We understand the complexities of such misdiagnoses at Ward Black Law and are here to help. Contact us for a confidential case review at no cost to you. We represent cancer patients state-wide. Our office has been in the Triad of North Carolina for over 30 years.   

Facing a breast cancer diagnosis is a life-altering experience, shrouded in uncertainty and fear, not just for the individual but for their entire support network. It’s estimated that around 20% of diagnosed women fall into the category of HER2-positive breast cancer. The HER-2 protein, or human epidermal growth factor 2, typically regulates cell growth, but genetic mutations can spur abnormal and rapid proliferation. Unfortunately, some patients in North Carolina have recently found themselves in the unfortunate situation of being misdiagnosed and consequently treated as HER2-positive when they were HER2-negative. 

What are some consequences of HER2 misdiagnosis?

  • Inappropriate Treatment: HER2-positive breast cancer patients often receive targeted therapies, such as trastuzumab (Herceptin) and pertuzumab (Perjeta), alongside conventional chemotherapy. However, misdiagnosing a patient as HER2-positive when they’re HER2-negative can lead to unnecessary side effects without commensurate therapeutic benefits. This can include an elevated risk of cardiac toxicity associated with HER2-targeted therapies. If the cancer is indeed HER2-negative, alternative treatment modalities such as chemotherapy, hormone therapy, or other targeted therapies might be warranted. 
  • Delayed or Missed Treatment: Misdiagnosis can result in patients being deprived of potentially beneficial treatments that are standard for HER2-negative breast cancer, such as hormone therapy for hormone receptor-positive disease. Delayed or inadequate treatment can significantly impact outcomes, particularly when cancer has metastasized to other regions of the body. 
  • Disease Progression: Without appropriate treatment for HER2-negative breast cancer, there’s a heightened risk of disease progression and metastasis, including to the vertebrae, which can exacerbate symptoms, diminish quality of life, and curtail survival prospects. 
  • Pain and Complications: Metastatic breast cancer involving the vertebrae can induce substantial pain and complications, including spinal cord compression, nerve damage, and mobility impairments. Inadequate treatment exacerbates these issues, impeding functionality and diminishing quality of life. 

Individuals grappling with metastatic breast cancer need to forge a collaborative partnership with their healthcare team to ensure an accurate diagnosis and the formulation of a tailored treatment plan. The entire treatment plan is compromised when the hospital’s lab misdiagnoses the patient.  

Compensation can include medical expenses, lost wages, pain and suffering, and emotional distress. 

Talk to our Experienced North Carolina Medical Malpractice Lawyers Today

Ward Black Law is one of the largest woman-owned law firms in North Carolina. With more than 30 years of experience representing individuals with cancer in North Carolina, the caring attorneys and staff are uniquely qualified to assist people with cancer. Our firm has been named one of the “Best Firms in America” by US News and World Reports since 2008. We have a track record of successfully settling cancer claims for North Carolinians for more than three decades.  

If a North Carolina hospital has misdiagnosed you or a loved one, we strongly recommend you speak with a lawyer. We can review your case, explain your rights, and discuss any compensation to which you may be entitled. The initial case review is free and confidential.

Contact us today by phone at 336.333.2244, text us at 336.439.8054, or email us at info@wardblacklaw.com