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76 Ohio St. L.J. 847 (2015)
Dense Women

handle is hein.journals/ohslj76 and id is 859 raw text is: Dense Women ALENA ALLEN* Pink ribbons have become a fixture in our society. Breast cancer advocates have mobilized to bring breast cancer awareness to heights that would have been unimaginable a generation ago. Women are indoctrinated with the familiar mantra that early detection is the best protection against breast cancer. As a result, cadres of women were dismayed when diagnosed with advanced stage breast cancer despite having had their yearly prescribed mammogram. Along with their diagnosis, they were also told for the first time that they had dense breast tissue, which can obscure cancer on mammography film. Outraged and disgusted that their physicians did not disclose their breast density sooner, these dense women turned to legislators for help. Their stories are compelling. Their remedy seems obvious. If doctors are not telling their patients that they have dense breast tissue, then the law should force them to do so. Legislators across the country have listened and many have been convinced of the merits. After all, why would a legislator not support legislation that seeks to empower women and give them information to make informed choices about their healthcare? In 2009, Connecticut became the first state to enact dense breast notification legislation and since then an additional twenty-two states have followed suit. Currently, seven state legislatures and the U.S. Congress are considering breast density notification bills. This Article presents the case against breast density notification statutes and argues that such statutes are actually injurious to women. Part II provides context by providing background about breast cancer and how it is diagnosed. Part III explores the ideal of patient autonomy and analyzes whether the enacted dense breast tissue notification statutes empower or undermine women. Part IV examines how these statutes affect patient care and calls into question the wisdom of having legislators dictating the standard of care along with the content of physician-patient communications. Part V offers a path forward by calling on states and the federal government to inform women broadly through public health initiatives instead of utilizing standardized breast density notifications. It also offers suggestions for * Associate Professor of Law, University of Memphis Cecil C. Humphreys School of Law. J.D., Yale Law School; B.A., Loyola University New Orleans. The research was funded by the University of Memphis 21st Century Scholars Foundation. Many thanks to Lynda Black, Amy Campbell, Lee Harris, Daniel Kiel, Haavi Morriem, Steve Mulroy, and John Newman. I would also like to acknowledge the Ohio State Law Journal editorial staff for an exceptional publication experience. Finally, this paper benefited from the excellent research assistance provided by Howard Bailey, Justin Steele, Megan Welton, and Penina Wender.

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