A New York medical malpractice lawyer has helped a Manhattan woman whose doctor misread a biopsy report, and thus did not accurately inform her before she submitted to a radical mastectomy. Specifically, the case involved a woman who was suffering from breast cancer. A biopsy was performed in order to determine the extent of the cancer. However, the doctor misinterpreted the biopsy report. Because of this misinterpretation, the doctor misadvised the woman regarding the extent of her breast malignancy. The woman, relying on the doctor’s inaccurate representation of her breast cancer, chose to undergo a modified radical mastectomy. A correct interpretation of the biopsy report showed that her condition did not require this drastic treatment. Rather, the correct treatment for the woman’s cancer was a far less invasive procedure know as a lumpectomy. However, the woman was never advised that the lumpectomy was a good treatment option available for those who suffered from her condition.
Based on these facts, the court held that that was ample evidence to show that a reasonably prudent person in the woman’s position and suffering from the type of cancer that the woman was suffering from would not have undergone a mastectomy had she been correctly and accurately apprised of both her condition and of the less invasive, medically sound procedure that is typically used to treat that condition. The court concluded that, because the doctor had provided the woman with inaccurate information, the doctor in effect failed to obtain her informed consent for the modified radical mastectomy he performed on her. The court awarded her $850,000 in damages for her pain and suffering, as well as other damages.
If you or a loved one has suffered damages because of a situation involving failure to obtain informed consent, or because of any other act of medical malpractice, a New York medical malpractice lawyer may be able to help you.
The firm of Stephen Bilkis & Associates and its New York Medical Malpractice Lawyers with convenient locations in the New York Metropolitan Area, including Woodside, 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.