Misdiagnosis

Published on: August 15, 2011

BROOKLYN WOMAN HELPED BY NEW YORK MEDICAL MALPRACTICE LAWYER AFTER CT SCAN MISREAD

by Stephen Bilkis

A Brooklyn Woman who had her injuries worsen after her CT scan was misread has been helped by a New York medical malpractice lawyer. The problem arose when the woman went to the Brooklyn Hospital Center suffering from an absence of feelings in her legs, an inability to open her eyes, and a severe headache. She was admitted, and a CT scan was administered. A staff physician at the hospital, however, misread the scan and concluded that it was “normal,” when it was not. Subsequently, after the woman was discharged, the doctor reread the CT scan and realized that is was, in fact, “abnormal.” Despite these new findings, no one at the hospital contacted the woman to tell her about the new reading. In addition, no one at the hospital ever tried to treat the woman based on the new reading.

The woman’s absence of feeling in her legs, inability to open her eyes, and severe headache worsened over the next several weeks. She went to an eye doctor, who diagnosed her as having suffered an aneurysm. She then was admitted to another hospital, and the physicians there performed surgery on her and “clipped” the aneurysm. In The Bronx and Brooklyn, hospitals try to avoid these situations by being aware of the signs of trouble.

At trial, the hospital admitted that the misreading of the CT scan, and its failure to alert the woman to the misreading, were departures from accepted medical practice. The hospital claimed, however, that these departures did not cause the woman any injuries. Ultimately, the court determined that the evidence established not only that the misreading and failure to alert caused the woman injuries, but that the jury had properly awarded her damages in the appropriate amount.

Published on: July 22, 2011

DOCTOR FAILED TO FOLLOW UP AFTER DETECTING A TUMOR

by Stephen Bilkis

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.

Published on: June 18, 2011

Ohio SC reinstates medical malpractice claim

by Stephen Bilkis

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.

Published on: June 13, 2011

Doctors are worried over possible increased costs associated with Medical Malpractice Suits reported a New York Medical Malpractice Lawyer

by Stephen Bilkis

Some physicians in the Nevada area are fretting the possibility of the law limiting pay outs for damages on medical malpractice suits, will soon be overturned based on a pending case where a woman wrongfully lost her life and left her family behind, said a N York Medical Malpractice Lawyer.

The woman, who died in 2007, was allegedly incorrectly diagnosed by a doctor and died shortly after. She left behind six children and a husband. The doctors involved in the case admitted no fault. These kinds of cases are often reported in Manhattan and Westchester.

The Nevada Supreme Court is in discussions about the current law regarding damages for pain and suffering, which states, “In an action for injury or death against a provider of health care based upon professional negligence, the injured plaintiff may recover non-economic damages, but the amount of non-economic damages awarded in such an action must not exceed $350,000.”

Published on: June 9, 2011

A Staten Island Cancer Specialist has been sued for alleged Medical Malpractice on an Italian Cancer Patient. An NYC Medical Malpractice Lawyer should be consulted.

by Stephen Bilkis

Dr. Gilbert Lederman had heavily advertised his medical treatments for cancer on infomercials in Italy. He spoke about his fractionated stereotactic radiosurgery, which is an option for patients who have inoperable cancer. The radiation, received over a period of days, does not cure the cancer, but instead mutates the DNA enough so it cannot hold water cells or reproduce anymore. Guiseppa Bono was one of his patients. She contacted him after seeing his infomercial. She was then screened by Salvatore Conte, and told she was a candidate for treatment. Bono flew from Italy to Staten Island University Hospital, located at 475 Seaview Avenue Staten Island, NY 10305, for treatment. She received radiation treatment from two doctors before leaving to go home to Italy. Sadly, Bono passed away a year later reports a NYC Medical Malpractice Lawyer.

It was later found out that Conte was not a medical doctor, and argued that Lederman should not have been using him to screen potential patients. Lederman is allegedly also claimed to treat George Harrison, as a way to attract clients and boost his own medical reputation. They also claim Lederman never tested to see if she actually had cancer before administering the radiation treatment to Bono. After receiving two treatments, Bono went back to Italy. Unfortunately, she passed away a year later. Evidence suggests that she did not suffer from pancreatic cancer, but from an inflammation of the pancreas. Her family has now filed a lawsuit in Brooklyn Federal Court, located at 225 Cadman Plaza East, Brooklyn NY 11201.

If you or a loved one has suffered an injury or death from a doctor’s negligence, you will need a skilled New York Medical Malpractice Lawyer. The firm of Stephen Bilkis & Associates and its New York Medical Malpractice Lawyers with convenient locations in the New York Metropolitan Area, including Kingsbridge, NY, can be of invaluable assistance to you if you find yourself a victim of medical malpractice. Enduring pain, disfigurement and financial anguish without professional representation is not the path you should choose.