Delay in diagnosis of breast cancer is the leading cause for malpractice lawsuits against physicians. Most cases are tried under civil law and, more specifically, the tort of negligence which defines departures from conduct of a reasonable and prudent physician under similar circumstances. The role of both the clinician and imager, separately and in concert, needs to be understood with respect to accomplishing early diagnosis and avoiding potential legal exposure. An understanding of basic legal concepts as they apply to medical practice should provide health care providers a perspective from which to apply their skills and avoid unnecessary legal exposure.