#failuretodiagnose There are many cases of Cancer where there has been a failure to diagnose... Listed below are some examples: Medical Malpractice: Failure to Diagnose Cancer The following are examples of cases involving claims of failing to diagnose different types of cancers which we have located in the State of New York and which have settled or have gone to trial successfully: Failure to Diagnose Thyroid Cancer – $6.8 Million Recovered In Luna v. Long Island Professional Medical Services, the failure to diagnose meduliary thyroid cancer in a 30 year old female patient resulted in the cancer’s advancement to Stage IV. The doctor failed to detect an enlarged thyroid during a routine exam and negligently failed to conduct a needle biopsy, which would have resulted in the diagnosis of Stage II meduliary thyroid cancer and prompted the removal of the thyroid gland, providing an 85-90% cure rate. Failure to Diagnose Ovarian Cancer – $1.25 Million Recovered In Helm v. Lentine, the failure to diagnose ovarian cancer of a 60 year old female patient who complained for more than a year of abdominal distension, frequent urination, fatigue, bloating, abdominal pressure and discomfort resulted in an abdominal hysterectomy and the subsequent need for chemotherapy. Failure to Diagnose Colon Cancer – $3.97 Million Recovered In Younus v. Gusset, the failure to diagnose colon cancer for over two years resulted in a $3.97 million settlement for the patient. The breakdown of the award included: $800,000 was awarded for patient’s past pain and suffering, $300,000 awarded for patient’s future pain and suffering, and $75,000 for future loss of services for 5 years. Failure to Diagnose Lung Cancer – $1.5 Million Recovered In Adams v. Back, the failure to diagnose lung cancer of a 49 year old female patient who suffered from wheezing, coughing, shortness of breath, dizziness, and weight loss resulted in an inoperable, metastatic, non-small cell lung cancer. The doctor incorrectly diagnosed the patient with pneumonia and for 2 years failed to properly diagnose lung cancer. Failure to Diagnose Breast Cancer – $1.5 Million Recovered In Bouchaara v. Kimmelstiel, a 33-year-old homemaker complained of a mass in her right breast. The doctor documented a positive, palpable mass, but improperly attributed to lactating. One year later, a mammogram confirmed that the patient did indeed have breast cancer. The doctor was sued for failing to act expediently, refer her for further testing and ultimately for failing to diagnose her breast cancer. Failure to Diagnose Breast Cancer – $2.2 Million Recovered In Baisi v. Jaffe, a doctor’s failure to properly read a patient’s mammogram, resulted in a one year deal in diagnosing breast cancer, leading to its advancement to Stage IV. Failure to Diagnose Breast Cancer – $9 Million Recovered In Crane v. Stubbe, a doctor failed to diagnose breast cancer in a 31-year-old female with a family history of breast cancer. Failure to Diagnose Bladder Cancer – $1 Million Recovered In Kho v. United States, a 72-year-old male suffered a delay in diagnosis of bladder cancer when his doctor failed to realize that he was exhibiting symptoms of the disease for over two years. Failure to Diagnose Ovarian Cancer – $1 Million Recovered In Casey v. Tan, after failing to follow up of a suspicious ovarian mass with ultrasound, doctors treating the patient, failed to diagnose ovarian cancer until it had progressed from Stage 1-C, which carried a significantly lesser chance of survival. Failure to Diagnose Penile Cancer – $1.1 Million Recovered In Moreno v. Shabsight, negligent doctors failed to diagnose penile cancer in a 36 year-old male patient. The doctors negligently determined that only inflammation was present and failed to detect pre-cancerous dysplasia. The cancer was diagnosed approximately 18 months after the patient initially presented to the doctors. By that time, the best chance of resolving the cancer was for the patient to undergo substantial surgery. Failure to Diagnose Prostate Cancer – $2 Million Recovered In Stein v. Weber, a patient in his mid-50s suffered from the spread of prostate cancer due to his doctor’s negligence in failing to check his prostate and never performing a test that measured the level of his prostate-specific antigen. Such tests are standard elements of the medical care of men of patient’s age. An early diagnosis would have allowed for more-effective treatment of the cancer. Failure to Diagnose to Breast Cancer – $31 million Recovered In Levinsky v. Painter, the failure of a doctor to refer a 33 year-old female patient, who had no family history of breast cancer, but complained of the presence of a lump in her breast, to a breast surgeon resulted in a delayed diagnosis of breast cancer that had advanced to Stage 4. Failure to Diagnose Cervical Cancer – $30 Million Recovered In Trainer v. Bio-Reference Laboratories, Inc., a doctor and lab improperly read the results of a 51-year-old patient’s pap smear, allowing the cancer to progress to an advanced stage of Stage 3B cervical cancer. The patient’s only option for treatment was to undergo a substantial surgical procedure. Failure to Diagnose Ovarian Cancer – $20 Million Recovered In Ramirez v. Central Brooklyn Medical Group, a primary care physician failed to diagnose ovarian cancer in a 39-year-old female patient. Consequently, the patient had to undergo a full hysterectomy and chemotherapy. Failure to Diagnose Breast Cancer – $6 Million Recovered In Kaffka v. New York Hospital, after a patient noticed swelling in her breast, a doctor negligently failed to refer a 41-year-old female patient to a breast surgeon despite dangers that the swelling could be indicative of breast cancer. Thus, her breast cancer was not diagnosed in a timely manner, permitting the cancer to spread to her spine and hips, confining her to a wheel chair for the remainder of her life and reduced her life expectancy. Failure to Diagnosis Breast Cancer – $1 Million Recovered In Casser v. Guttman Breast Diagnostic Center, a breast cancer diagnostic center negligently had an ineffective system for the review of mammograms which rendered increased chances of misdiagnosis. As a result, a female patient’s breast cancer was not diagnosed for a four month period, resulting in a substantial progression of the cancer and a radical mastectomy and reconstruction. Failure to Diagnose Breast Cancer – $1.9 Million Recovered In Donohoe v. Goldner, a doctor failed to diagnose breast cancer in a 49 year-old female patient. The doctor failed to order a biopsy and discontinue estrogen replacement therapy despite the onset of a lump in the patient’s breast and pain in the relevant area resulting in a mastectomy. Failure to Diagnose Breast Cancer – $1 Million Recovered In Volchyok v. Dorsten, after undergoing a routine screening mammography, a radiologist failed to diagnose breast cancer in a 51 year-old female patient. Patient was not diagnosed with breast cancer until two years later and subsequently had to undergo a radical mastectomy and reconstructive breast surgery. Failure to Diagnose Anal Cancer – $3 Million Recovered In Singleton v. Policastro, a doctor negligently failed to submit a tissue sample for biopsy despite a recurrent perianal infection in a 29 year-old female patient. As a result, the cancer was not timely diagnosed and had progressed from Stage 1 to Stage 3 by the time of the diagnosis. Failure to Diagnose Lung Cancer – $3.7 Million Recovered In Birkbeck v. Central Brooklyn Medical Group, a doctor failed to diagnose lung cancer in a 60 year-old male patient with a long-term history of smoking and recurrent respiratory infections and abnormalities. Failure to Diagnose Lung Cancer – $2.5 Million Recovered In Davis v. Cohen, a doctor failed to diagnose lung cancer in a female patient after misreading of a chest x-ray he had performed as part of an annual physical check-up that revealed a suspicious density in the patient’s lung. As a result, the cancer had progressed to Stage IV lung cancer. Failure to Diagnose Lung Cancer – $1.5 Million Recovered In James v. NYCHHC, a doctor failed to diagnose lung cancer in a patient despite continuing symptoms of chest pain, shortness of breath and difficulties breathing. Symptoms from this slow-growing cancer went undiagnosed for five years and progressed to Stage IV lung cancer. Failure to Diagnose Breast Cancer – $3 Million Recovered Smith v. Rafalin, a case in which a woman’s breast cancer was left undiagnosed for a year and she received $3,000,000. Failure to Diagnose Colon Cancer – $2 Million Recovered A $2,000,000 settlement was given to the family of a man in Larmond v. Weiner for a too-late diagnosis of his colon cancer. Failure to Diagnose Breast Cancer – $1.2 Million Recovered Ferdenzi v. Sunil Trasi featured a woman whose breast cancer went undiagnosed, forcing her to unnecessarily endure chemotherapy. The patient was awarded $1,200,000. Failure to Diagnose Prostate Cancer – $3.8 Million Recovered Clark v. Schattner is a case where the patient was awarded $3,800,000 for prostate cancer that was left undiagnosed until it was incurable. Failure to Diagnose Breast Cancer – $1 Million Recovered In Nathan v. Hart, a doctor failed to refer his 53 year-old female patient to breast surgeon despite an abnormal mammogram. The patient was diagnosed with breast cancer five months later and went from a T1 stage to a T3 stage. Failure to Diagnose Breast Cancer – $1.3 Million Recovered In Dunn v. Waldman, a doctor failed to diagnose breast cancer in his 53 year-old female patient. By the time of her diagnosis, the cancer had progressed to a stage II-A, infiltrating her right breast. The patient had to undergo a mastectomy, reconstruction of her right breast, and chemotherapy. Failure to Diagnose Brain Tumor – $1.1 Million Recovered In Curran v. Liveri, a doctor failed to diagnose a tumor in the brain of his 52 year-old female patient despite the patient presenting with vertigo and urinary incontinence. Failure to Diagnose Osteosarcoma – $1.8 Million Recovered In Menter v. Gandhi, a doctor failed to diagnose osteosarcoma, cancer of the bone, in 16 year-old female patient. The cancer eventually spread to her kidney and lungs before she passed away two years later. Failure to Diagnose Breast Cancer – $10 Million Recovered In Roettger v. Lester, a doctor failed to diagnose breast cancer in a 46 year-old mother of two after radiologists misinterpreted the patient’s mammography results as normal. Patient continued to complain of inflammation, pain, and even detected a lump in her breast. Failure to Diagnose Breast Cancer – $1.4 Million Recovered In Gargiulo v. BAB Radiology, a doctor failed to diagnose breast cancer in a 55 year-old female patient. After undergoing a routine bilateral mammography, the doctor determined that the tests were normal. However, less than a year later it was determined that the patient was suffering stage-IIB cancer of her right breast. Failure to Diagnose Breast Cancer – $2 Million Recovered In Bido v. Timoney, a doctor failed to diagnose breast cancer in a 39 year-old female patient. Although a lump was detected in the patient’s breast, the doctor failed to refer her to a breast surgeon. By the time the patient was diagnosed with breast cancer, the cancer had progressed to Stage-IIB. Patient had to under to a mastectomy, chemotherapy, and the application of radiation. Failure to Diagnose Breast Cancer – $2.1 Million Recovered In Karv0unis v. Singer, a doctor failed to diagnose breast cancer in a 64 year-old female patient. Although the patient underwent screening mammographies, the doctor determined that both tests produced normal results. Failure to Diagnose Prostate Cancer – $1.7 Million Recovered In Colino v. Roth, a doctor failed to diagnose prostate cancer in a 50 year-old patient. Although the patient’s PSA test for prostate cancer showed a severe elevation, the doctor failed to refer him to a urologist. As a result, the cancer had spread into the patient’s L2 vertebrae. Patient had to undergo radiation, decompression surgery, and spinal fusion. Failure to Diagnose Colon Cancer – $2 Million Recovered In Vetrano v. Mariwalla, a doctor failed to diagnose a 40 year-old female patient with colon cancer. The patient suffered Stage IV cancer. It had metastasized through her bowel and to one ovary. The patient died a year later.
Posted on: Wed, 15 Oct 2014 15:11:39 +0000
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