Evaluation of the legal risk of a ‘missed’ cancer in two breastscreen services


  • J Osborne MBBS, MTh, Grad Cert Legal Studies, Grad Cert Law (Hlth Law), MTh, FRANZCR; W Lee BSc (Med), MBBS, FRANZCR, DDU.

  • Conflict of interest: None.

Clinical Associate Professor Jonathan Osborne, BreastScreen Queensland, Cancer Screening Services Branch, Queensland Health, Level 1, 15 Butterfield Street, Herston, Queensland 4006, Australia.
Email: Jonathan_Osborne@health.qld.gov.au


Variation in opinions of medical experts is a problem for both the legal and medical profession. This is particularly relevant in breast imaging. BreastScreen Queensland and New South Wales have developed a review protocol to assess ‘reasonableness’ of radiological opinions. It is hoped that the protocol will be acceptable to the courts and will result in a fair outcome for all parties involved in a medico-legal dispute.