Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Failure to Diagnose Cancer

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Misdiagnosis can lead to serious harm and deathMisdiagnosis of diseases and medical conditions is leading to an estimated 800,000 cases of permanent disability or death each year according to a recent study published by researchers at the Johns Hopkins Armstrong Institute Center for Diagnostic Excellence, in partnership with researchers from the Risk Management Foundation of Harvard Medical Institutions Inc.

Misdiagnosis is not a mere statistic; it is a human tragedy that affects hundreds of thousands of patients and their families every year. The report reveals that approximately 371,000 people lose their lives, while another 424,000 suffer from permanent disabilities annually due to misdiagnosis. These disabilities encompass brain damage, blindness, loss of limbs or organs, and even metastasized cancer. Behind these numbers are real individuals whose lives have been irreversibly altered or lost due to medical negligence.

The Top Culprits: Stroke and Other Common Diseases

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melanoma_growth_over_14_monthsMay is recognized as Skin Cancer Awareness Month. It is a crucial time to educate and inform the public about the prevalence, risk factors, and early detection of skin cancer. By increasing awareness, we aim to encourage individuals to take proactive steps to protect their skin and seek prompt medical attention when necessary. However, even with increased awareness, misdiagnoses can occur, leading to delayed or inappropriate treatment.

There are several types of skin cancer misdiagnosis:

  • Basal Cell Carcinoma (BCC) Misdiagnosis: Basal cell carcinoma is the most common type of skin cancer. Unfortunately, it can be misdiagnosed as a benign condition such as a cyst or a harmless skin lesion. Due to the potential for misdiagnosis, patients might not receive the timely treatment they need.
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mammograms can prevent breast cancerBreast cancer is a significant health concern for women, and early detection and diagnosis are critical for successful treatment. Unfortunately, misdiagnosis of breast cancer can occur, leading to delayed treatment and potentially worse outcomes. This is especially true for women under the age of 50, particularly black women, who are at a higher risk of misdiagnosis and delayed diagnosis.

Alarmed by an increase in breast cancer diagnoses among younger women and persistently high death rates among Black women in particular, the U.S. Preventive Services Task Force has offered a stark revision to the standard medical advice on mammograms

In the past, women of all racial and ethnic backgrounds who were at average risk for breast cancer were advised to start getting regular mammograms at age 50, instead of treating it as an individual decision until they reached that age. However, the task force now recommends that women should begin screening at the age of 40 to help detect breast cancer earlier. This comes as breast cancer diagnoses are on the rise among younger women and mortality rates among Black women remain persistently high.

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elanoma_Growth_over_14_MonthsFailure to diagnose skin cancer can be fatal. However if it is caught in a timely manner, the worst can be avoided and the cancer can be treated. Skin cancer is one of the most common types of cancers with 5 million Americans being diagnosed every year. Among the various types of skin cancers, melanoma is the most dangerous.

Who is at risk?

Anybody can get skin cancer however people with fair skins, light colored eyes, red hair, with a skin that burns easily or that freckles easily have a higher risk than others. People with a history of sunburns or people who are exposing themselves frequently to the sun or are using tanning beds also have a higher risk to get cancer than those who protect their skin from the sun. Skin cancer can also be genetic and runs in some families. Additionally people who have a large number of moles are also at higher risk of contracting skin cancer and should have their moles regularly checked by a specialist to screen for malignancy.

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Failure to diagnose skin cancer can be fatalSkin cancer is the most common cancer in the US with more than 5 million Americans diagnosed every year.  Skin cancer, if detected early, can be cured. 90% of patients diagnosed with skin cancer get cured.

Failure to diagnose skin cancer can be fatal and like all cancers, early detection is key. The good news is that unlike other types of cancer, skin cancer is visible and early detection starts with you. Doctors recommend a self-exam every month.

How to screen yourself for skin cancer?

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doctor-and-x-rayMissed and delayed diagnoses are common medical errors that can lead to serious injury and death. This morning the Daily Mail wrote about an 11 year old boy who died from severe bowel obstruction after a doctor misdiagnosed him with constipation and sent him back home. The doctor neglected to send him for an X-ray despite symptoms consistent with bowel obstruction.
Failure to diagnose or delay to diagnose a medical condition occur so often that the ECRI institute ranked this type of medical malpractice its number one concern out of its Top 10 Patients Safety Concern in 2020.

In the US it is estimated that 12 million adults or 1 out of 20 patients are misdiagnosed every year

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Medical Malpractice Attorney Christopher_DonadioOur Personal Injury Law Firm is proud to announce that our attorney Christopher J. Donadio obtained a $3 million verdict in a medical malpractice case in New Jersey.

The case involved a 74 year old plaintiff who sought treatment with a gastroenterologist due to a cyst on his pancreas. After visiting the gastroenterologist, the plaintiff underwent a blood test to check for evidence of cancer, but did not undergo any further testing. Sixteen months later, the plaintiff underwent testing due to his inability to control his blood sugar. It was determined at that time that he was suffering from pancreatic cancer. Unfortunately, the plaintiff passed away from his cancer eleven months after being diagnosed.

A claim was brought against the treating gastroenterologist for failing to recommend further testing for the plaintiff’s pancreatic cyst. Plaintiff claimed that had further testing been done, specifically an endoscopic ultrasound, the pancreatic cancer would have been diagnosed sixteen months earlier and would have given him a much better chance at surviving the disease. A claim was also brought against a radiologist who plaintiff claimed failed to point out worrisome features of the pancreatic cyst when reviewing a CT scan of the abdomen.

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New York Medical Malpractice Lawyer Jeffrey BloomNYC personal Injury lawyer Richard SteigmanOur partner, New York Medical Malpractice Lawyer Jeffrey Bloom, will be the Program Chair of the “Failure to Diagnose Breast Cancer” seminar organized by the New York State Bar Association.  Richard Steigman who is also a partner at our firm will be a speaker and will provide an Overview of the Governing Laws related to such cases.

During this seminar participants will learn how to handle the failure to diagnose breast cancer medical malpractice case. Featuring nationally recognized medical experts in oncology and cancer detection, the morning session will cover the diagnosis, prognosis and treatment of breast cancer and provide attendees with an understanding of the medical background necessary to handle these cases. During the afternoon portion of the program leading medical malpractice trial attorneys will present an overview of case selection, trial strategies and the art of explaining technical medical concepts to jurors.

Don’t miss this opportunity to learn more about this area of law.

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Small_cell_carcinoma_of_the_ovary_hypercalcemic_type_-_low_magIn 2011, Oriana Sousa, a Portuguese psychologist who is now 28 year-old was diagnosed with a rare form of ovarian cancer. When the symptoms started doctors initially failed to diagnose the cancer. For several months Oriana suffered from frequent constipation and fatigue. She was also thirsty all the time. Then she started to have terrible abdominal pain and began vomiting. Her doctor told her she was fine and she shouldn’t worry. Her aunt who is a nurse recommended that she see visit another doctor. The new doctor performed a CT scan and found a massive tumor. Oriana was diagnosed  with a very rare, aggressive and fatal form of ovarian cancer.

Immunotherapy shrank the tumor to the surprise of the doctors

During several years Oriana went through surgery, chemotherapy and radiotherapy to try to eradicate the tumor however new tumors would grow back. Then Oriana convinced her doctor to give her nivolumab, an immunotherapy drug that was not supposed to be used on her tumor. The tumor reacted immediately and shrank. As she continued to take the drug the tumor shrank to the point that she has no more evidence of the disease. Now doctors and researchers are trying to figure out why they were wrong.

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New York Medical Malpractice Lawyer Jeff Bloom with client Lissy McMahonThe NY Medical Malpractice Attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhornm, Steigman & Mackauf are happy for the family of our client Lissy McMahon.  New York Governor Cuomo and the state legislative leaders announced that the Governor will sign Lavern’s Law on Tuesday. With the help of our Medical Malpractice Attorney Jeffrey Bloom, Lissy a mother who was misdiagnosed with cancer after the statute of limitations had passed, relentlessly pushed for the passage of this Law. Lavern’s Law moves the starting date of the statute of limitations to the date of the discovery of the misdiagnosis instead of the date the when the misdiagnosis occurred.  Sadly Lissy passed away before the signing of the law. She left behind a 15 year old son (read more in our previous blog).

Jeffrey is the Co-chair of the Medical Malpractice Committee of the New York State Trial Lawyers Association as well as the Co-Chair of LAWPAC New York, the Trial Lawyers political action committee. In these roles he pushed relentlessly for the passage of the law.

After Cuomo announced that he would sign Lavern’s Law, the family of  Lissy McMahon released the following statement:

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