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Failure to Diagnose Cancer

8/13/2010
Gerry Oginski
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Some Mistakes Cannot Be Corrected

Learning that you or someone you love has cancer can be the worst news that you ever receive.  Normally, finding out that there was a lab mix-up and that there is no cancer would be tremendous news…unless it comes after receiving surgery for the cancer.

That is what happened to a man in Massachusetts.  He was told he had cancer, underwent surgery, and the surgery has left him incontinent and with erectile dysfunction.  The man thought these side effects were the consequence of an otherwise life-saving surgery.  However, upon learning that he never really had cancer and that his prostate exam results were mixed up with another patient, the man was simply devastated. 

Exam mix-ups are more frequent than one might think.  Take another case in which the opposite happened.  A man underwent a prostate exam and was told the exam had favorable results.  However, eight months later the man underwent a second prostate exam and it was revealed that he unfortunately had cancer the whole time.

Patients routinely rely on the information provided to them by their doctors.  Doctors equally rely on information provided to them by labs.  That is why labs play such a crucial role in the medical industry.  Doctors and patients may be making what they consider to be informed decisions but may be relying on purely incorrect information. 

What makes matters only more troubling is that when there is a mix-up, two patients receive incorrect data.  While one may face the consequence of receiving painful and permanently disfiguring treatment, the other may not be receiving the treatment they need to save their life. 

To learn more about how these cases work, I encourage you to explore my website http://www.oginski-law.com. If you have legal questions, and I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com. I welcome your call.



Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.


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