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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Failure to diagnose ovarian cancer at an early stage frequently happens because there are no specific symptoms and no early detection tests have been available so far. It is the deadliest of all gynecological cancers with a mortality rate that has not improved in forty years since the “War on Cancer” was declared.

A new screening strategy that looks at the change of carbohydrate antigen 125 (CA125) levels over time and age may bring new hope for earlier detection.

Karen H. Lu MD, H.E.B. Professorship in Cancer Research, Department of Gynecologic Oncology and Reproductive Medicine, Division of Surgery, The University of Texas M. D. Anderson Cancer Center, Houston, TX and her team tested 4051 women over a period of 11 years. Each participant had an annual CA 125 blood test and then based on a Risk of Ovarian Cancer Algorithm (ROCA) women would be scheduled for a test the following year (low risk) , a test in 3 months (medium risk) or a transvaginal ultrasound (high risk).

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17000 women and 9000 men get cancer linked to human papillomavirus (HPV) every year. For women the most common is cervical cancer and for men the most common are cancers of the back of the throat, tongue and tonsils.

A recent study shows that since it was introduced in the US in late 2006 , the HPV vaccination has reduced HPV infection rates in teen girls by half. More than 57 million doses have been distributed in the US in the last seven years and all studies show that the HPV vaccine is safe.

To learn more about the HPV Vaccine, check the Center for Disease Control and Prevention.

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In this medical malpractice case the plaintiff was diagnosed with Stage 1 breast cancer in her right breast. She underwent a right breast mastectomy. She had a family history of breast cancer. Seven years later in 2007 she was diagnosed with ovarian cancer. The plaintiffs alleged that, given the plaintiff’s own medical history and that of her paternal family, as well as her father’s Ashkenazi Jewish ethnicity, defendant’s failure to recommend, prior to November 2007, “BRCA” genetic testing or prophylactic surgery removing her ovaries, which could have prevented the onset of her ovarian cancer, constituted medical malpractice. In reversing the Court below and reinstating the complaint the Court held:

“Here, the allegations in the bills of particulars concerning the period from March 2001 through November 2007, when the patient was under defendant’s care, were that defendant departed from the accepted medical practices of that time by failing to recommend “BRCA” genetic testing and “prophylactic oophorectomy or bilateral salpingo-oophorectomy” to the patient, given her personal and family medical history. Since the respondents’ expert failed to provide any information as to what the accepted medical practices were during the period at issue with regard to BRCA genetic testing, and did not refute or even address (see Berkey v Emman, 291 AD2d at 518) the specific allegations regarding the failure to recommend prophylactic oophorectomy or bilateral salpingo-oophorectomy, the respondents did not meet their prima facie burden on the issue of whether there was a departure from accepted medical practices.

Accordingly, the Supreme Court should have denied the respondents’ motion for summary judgment dismissing the complaint insofar as asserted against them.” See: Mancuso v. Friscia, et al., 2013 NY Slip Op 05515.

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Recalls of patients after a mammogram have an occurrence rate of 12%. It is a very stressful experience for the patient and it adds to diagnostic costs. With tomosynthesis the recall rate can be reduced from 12% to 8% but the breast cancer detection rate doesn’t change significantly according to a new study lead by Dr. Brian Haas and Dr. Liane E. Philpotts, diagnostic radiology department of Yale University School of Medicine in New Haven, Connecticut, and published in the Journal Radiology.

Tomosynthesis allows for three-dimensional (3-D) reconstruction of the breast tissue. Screening is more accurate because superimposed and overlapping tissue can be removed from the view. The study also indicates that women younger than 50 years old and women with dense breasts are benefiting the most from tomosynthesis.

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Prostate cancer is is the second most common cancer among men. Delay to treat or failure to diagnose prostate cancer may have fatal consequences but so far it has been difficult for doctors to diagnose how aggressive prostate cancer is. Additionally the role played by the nerves around the tumor was never well understood.

A new study led by by stem-cell expert Paul Frenette, M.D., professor of medicine and of cell biology and director of the Ruth L. and David S. Gottesman Institute for Stem Cell and Regenerative Medicine Research at Albert Einstein College of Medicine of Yeshiva University, Bronx, New York demonstrates that nerves commonly found around cancerous tumors play an important role in the development and spread of the tumor.

This innovative study opens the door to new ways to prevent and treat prostate cancer.

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During colonoscopy, endoscopists can find potentially precancerous growths (polyps) and remove them, however some polyps especially on the right side of the colon are more difficult to detect. Failure to detect these polyps reduces the efficacy of colonoscopy for colon cancer screening.

By using a quarterly report card, endoscopists at the Roudebush Veterans Affairs Medical Center in Indianapolis were able to increase the overall adjusted adenoma (precancerous polyp) detection rate from 44.7 percent to 53.9 percent, and to improve the cecal intubation rate from 95.6 percent to 98.1 percent. The complete study can be found in the June issue of GIE: Gastrointestinal Endoscopy, the monthly peer-reviewed scientific journal of the American Society for Gastrointestinal Endoscopy (ASGE)

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There is a higher rate of failure to diagnose breast cancer among women who are screened using computed radiography compared to women who are screened using digital direct radiography according to a new study lead by Anna M. Chiarelli, Ph.D., senior scientist in Prevention and Cancer Control at Cancer Care Ontario in Toronto, and published online in the journal Radiology.

The study results show that cancer detection with digital mammography that involves direct radiography technology was similar to that with screen film mammography in women aged 50–74 years; however, for computed radiography the risk of cancer detection is significantly lower-by 21%-among all screening techniques.

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Regular mammograms allow early diagnosis of breast cancer and can save lives. For it’s annual May breast cancer awareness campaign, HCC invites New York City’s public Hospital Staff to “dedicate” their Mammogram to someone they love to promote mammograms awareness.

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Colon cancer is the third most commonly diagnosed cancer and the third leading cause of cancer death in the US. Although it is largely preventable through colonoscopy, screening remains underutilized.

A recent study by Hanna M. Zafar, MD, MHS at the Perelman School of Medicine at the University of Pennsylvania shows that despite reimbursement limitations, computed tomography colonography (CTC) or virtual colonoscopy may expand screening to more patients. The study “Predictors of CT Colonography Utilization Among Asymptomatic Medicare Beneficiaries” can be found online in the Journal of General Internal Medicine.

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In “Beyond Mammography: New Frontiers in Breast Cancer Screening”, American Journal of Medicine, Jennifer S. Drukteinis, MD (Moffitt Cancer Center), Blaise P. Mooney, MD, Chris I. Flowers, MBBS, Robert A. Gatenby, MD, look at a personalized approach to breast cancer screening using new technologies such as low-dose mammography, contrast-enhanced mammography, tomosynthesis, automated whole breast ultrasound, molecular imaging, and magnetic resonance imaging. The study says this approach may lead to a better detection of breast cancer both in the general population and in high-risk groups, such as women with dense breasts.

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