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Failure to Diagnose Cancer

Unrecognized cancer is often fatal when recognized too late. Historically, there are often telltale signs to suggest the presence of some form of cancer when a patient complains of a lump or a diagnostic image is done and misread.

Examples of a failure to timely diagnose cancer:
  • A woman will find a breast-lump during a self examination of her breasts. 
  • A patient going for a routine chest x-ray for a yearly physical has their film misread by the radiologist. 
  • An internist fails to recognize the significance of elevated tumor markers when taking routine blood tests.
  • A general practitioner fails to understand the significance of blood in the urine for over a year.

Each of these examples provide fertile ground for the misdiagnosis of recognizing early stages of cancer. These failures to recognize cancer cases are often significant and tragic. If the cancer had been caught in the early stages, surgery may have been an option, and the patient may have been eligible for chemotherapy and/ or radiation therapy. 

However, without prompt recognition, the patient's chances for improving their life expectancy severely diminishes with each day that the cancer is not recognized.

The key question often asked in a failure to diagnose cancer case is:
"If the cancer had been diagnosed and treated early, at the time it should have been recognized, would the treatment and outcome be different?"

If the answer is "yes," then there may be a basis to establish a valid case here in the state of New York. 

For more detailed information, please call Gerry to answer your legal questions at 516-487-8207, or e-mail him at lawmed10@yahoo.com. He welcomes your call. 

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