New York Medical Malpractice Lawyer Blog

A 31 year old woman diagnosed with cancer has recently been awarded compensation for medical negligence as indicated by a judge. The suit was filed against NHS healthcare trusts for failing to screen the cancer test successfully. This has been a very high profile case which has drawn attention from all around the world.

The patient alleges that the hospital trusts in Glasgow and Clyde made mistakes when the smear test report was analyzed. She attended regular smear tests, and in 2005 one showed no signs of cancer at any stage. However, in 2008 another smear test was conducted in Geneva which showed the patient was suffering from cervix cancer.

The cervix cancer was at a very advanced stage. This means that the test in 2005 should have shown the early signs of cancer. If it was detected at this stage then the treatment options would have been much less complicated and invasive. The delay in detecting and treating the cancer also exposed the patient to a risk of the cancer spreading; fortunately in this case it doesn’t seem to of happened.

The patient blamed the NHS trust for not correctly identifying the cancer and starting treatment. She filed a claim for £5 million in compensation for the mistake explains the report.

The NHS trust in the area is thought to of admitted the medical mistake. It is thought that if the cancer was found earlier on then it would have been much easier to treat the cancer. This means that she would not need a complete hysterectomy to remove the cancerous growth. This blunder has been a nightmare for the patient who now requires regular medical checkup to ensure she is not suffering from cancer. It would be a nightmare for hospitals in Queens and Staten Island if this happened to them.

Although the £5 million compensation was not offered, the patient was offered an interim compensation of £150,000. This is to help her continue with her radiology treatment due to a lack of finances. After this round of treatment then it is expected that the case will continue until a final amount of compensation is agreed.

Continue reading "Cancer Patient Awarded Compensation for Negligence" »

A New York medical malpractice lawyer was able to move a case forward on behalf of a woman whose doctor did not appropriately follow up after she consulted him regarding a tumor in her breast. The problem began when the woman detected a mass in her right breast during a self-exam. She consulted the defendant doctor, who both examined her and had a mammogram performed. The mammogram was inconclusive, but the exam revealed, in the words of the doctor, that there was “something there.” Specifically, the doctor realized that the tumor had grown quickly, but concluded based on the mammogram that cancer was unlikely. Nonetheless, the doctor recommended that a biopsy be performed immediately. The woman had the biopsy performed by a specialist, who called the woman’s doctor and recommended that the lump be removed. Unfortunately, this was never communicated to the woman, nor was she advised to come in for a follow-up exam. Doctors in New York City and Queens must be on the lookout for this type of situation which can turn into malpractice.
Subsequently, the woman noticed that the lump was becoming more visible and changing shape. She went back to the doctor, and had a second examination, a mammogram, and a sonogram. Based on these test, the doctor changed his mind and concluded that she “probably” had cancer. A second biopsy was performed, and this time the woman was advised that she had “invasive cancer.” Unfortunately, by this time eleven months had transpired, and the woman’s conditioned had worsened.
The court ultimately allowed a case against the doctor to go forward because of the lack of appropriate follow-up care. The court focused on the “layperson’s report” – the report that the doctor gave his patient – and noted that the report did not indicate that the lump was suspicious or possibly malignant, did not indicate that other examinations were necessary, and did not check boxes for further consultations, surgical or otherwise.

Continue reading " DOCTOR FAILED TO FOLLOW UP AFTER DETECTING A TUMOR" »

Between the years of 1997 to 2004 a lady attended Reflections Breast Health Center to receive a mammogram every single year. The clinic reviewed all of the mammograms and she was told that they were all normal. A mammogram which was done in 2003 was later reviewed by another doctor.

In the middle of 2004 the woman found that there was a lump in one of her breasts. Her Physician told her to visit the Reflections center again for further diagnostics. The tests discovered that it was highly likely the lump was malignant. The lump doubled in size over one year. A biopsy was conducted and it was shown that it was in fact malignant.

The New York Medical Malpractice Lawyer goes on to say that the patients doctor explained the possible treatment options and that it would probably involve lymph node dissection, radio-therapy and treating with hormones. The doctor wanted to find out how far the cancer had spread by checking nearby lymph nodes.

The patient had the lump removed, chemotherapy treatment, radio-therapy and also started treatments for hormone therapy said the New York Medical Malpractice Lawyer.

The patient then tried to file a claim alleging that the radiology made her injury worse than it was before. In the second claim the patient suggested that the doctor had not performed the routine checkups properly, otherwise the cancer should have been detected sooner. In the final claim the NY Medical Malpractice Lawyer states that the doctor was too slow in diagnosing cancer which allowed it to spread.

The delay in treatment allowed the cancer to become more serious and spread much quicker than it would of done if treated earlier. This also reduced the chances of curing the cancer, it also lead to emotional distress, physical pain, and emotional suffering. It also prevented her from living a normal life. Lawyers in The Bronx and in Queens have brought these kind of cases very often.

The trial found that the case should fail under the medical malpractice regulations in Ohio. This is because the growth of cancer should not be a physical injury which can be compensated. However, a later review of the case found that the patients claims for emotional distress were valid.

Continue reading "Ohio SC reinstates medical malpractice claim" »