What is the video about?

In this episode, attorney Jonathan C. Reiter discusses the intricacies of medical malpractice law in New York, focusing on surgical errors and misdiagnosis causing delayed treatment, especially in cancer cases. He explains the legal requirements for proving malpractice, the statute of limitations, and recent legislative changes like Laverne’s Law. Mr. Reiter highlights challenges such as ‘junk science’ in defense and the emotional toll on victims. He advocates for better compensation for emotional injuries and addresses the impact of the Grieving Families Act, which aims to provide compensation to family members for grief and emotional harm in wrongful death cases, but which has been repeatedly vetoed by the Governor.

Medical malpractice occurs when healthcare professionals act negligently, adversely affecting victims and their families. Key elements and types of malpractice cases are discussed, along with the statute of limitations for claims. Lawsuits face challenges, including finding qualified expert witnesses and persisting through the potentially long delays in prosecuting lawsuits in New York courts.Ěý Victims may experience deep emotional consequences as well as economic losses from the malpractice that may impact their ability to support themselves and their families.Ěý

What constitutes negligence in medical care?

Medical malpractice, as shown in the video, constitutes negligence by medical professionals including doctors, physician’s assistants, nurse practitioners, hospitals and other health care providers. This negligence must involve a departure from the accepted standard of care causing injury or death to the patient. Proving negligence is not enough.Ěý A causal link between the negligence and the resulting harm must also be proven.

What constitutes a departure from standard care?

A departure from the standard of care in medical malpractice means the medical professional’s actions did not follow accepted practices within the profession. It results from doing an act that a reasonable and prudent physician would not do, or failing to do an act that a reasonable and prudent physician would do. This deviation from the standard of care must have resulted in injury or death to the patient.Ěý Negligence and causation are both necessary to prove in a successful lawsuit.

How is causation established in malpractice?

In New York medical malpractice cases, establishing causation means showing that the physician’s negligence was a substantial factor in causing the patient’s harm.Ěý This involves proving the doctor’s actions, or lack thereof, resulted in the injury or death. It is not necessary to prove that the physician’s negligence was the only factor, so long as the jury finds that it was a substantial factor in causing the harm.Ěý Demonstrating a loss of chance for a better outcome is particularly important in misdiagnosis or delayed treatment scenarios.Ěý

How does misdiagnosis affect cancer treatment outcomes?

Delayed cancer diagnosis resulting from medical errors can drastically lower the chances of a successful outcome.Ěý For instance, a delay might allow a tumor to progress and metastasize to other organs and thereby decrease the cure rate from 85% to a mere 20% or less. This reduction in the probability of a positive outcome is termed “deprivation of chance.”Ěý This highlights the critical need for timely diagnosis and treatment to avoid fatal outcomes.Ěý

What is New York’s statute of limitations for malpractice?

New York’s medical malpractice statute of limitations is generally two and a half years from the date if the malpractice.Ěý However, exceptions exist, such as the continuous treatment doctrine, which delays the running of the statute until treatment by the negligent doctor concludes.Ěý In cancer misdiagnosis cases, the statute begins to run when the cancer is discovered, not necessarily when the negligent misdiagnosis occurred. There is also a discovery rule applicable to cases in which objects such as sponges or surgical instruments are negligently left in the patient’s body during surgery. Nevertheless, if the patient has a reasonable suspicion that malpractice has occurred, it is wise to obtain legal counsel as soon as possible.Ěý

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Peter Wang, who suffered irreversible damage to his left eye resulting in blindness and subsequent surgical removal, initially sought medical attention for sudden visual impairment, pain, and redness in his eye on February 27, 2019. Despite the severity of his condition, the Queens ophthalmologist misdiagnosed the issue and prescribed steroid eye drops, neglecting the need for urgent referral to a vitreoretinal specialist. This misdiagnosis and delay in proper treatment led to the tragic loss of Mr. Wang’s eye and a near-fatal spread of the infection.

The jury, weighing the profound impact of this medical error, awarded Mr. Wang $5 million for his pain and suffering, and an additional $2 million to his wife for loss of consortium. The case, detailed in a Supreme Court Queens County (Index No. 700189/2020), underscores the critical importance of accurate diagnosis and timely medical intervention.

Jonathan C. Reiter, Esq., a leadingĚýrepresenting the plaintiffs, stated that this verdict serves not only as compensation for the Wang family but also as a message about the dire consequences of medical negligence.

For more information, please contact:

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Empire State Building, 350 Fifth Avenue, Suite 6400
New York, New York 10118
Phone: 212-736-0979
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If you believe you have been a victim of misdiagnosis, it’s important to speak to a New York City medical malpractice lawyer as soon as possible. There are time limits for filing a claim, so you shouldn’t delay speaking to an experienced lawyer.  

Doctors Have a Duty to Diagnose 

Any time a patient visits a doctor, the doctor has a legal duty to adhere to generally accepted medical standards and procedures. This means doctors should follow the generally accepted procedures and protocols with respect to identifying an illness, verifying the illness, and diagnosing it.

To do this, doctors will usually go through a multi-step process that includes talking with the patient about their family history, their own medical history, and their symptoms. Doctors will also conduct a physical example and order any diagnostic tests that can help identify the illness. 

Missing any of these steps can result in a misdiagnosis. For example, if a doctor fails to ask about a patient’s family history, they might miss something important in the patient’s genetics, causing the doctor to overlook a potential disease. Similarly, if a doctor fails to order certain tests, they might misdiagnose the illness as something different. 

In some cases, doctors misdiagnose a patient because they make assumptions about the types of conditions a patient might have based on the person’s gender or age. For example, the patient might be presenting with symptoms that indicate a type of cancer that usually only appears in older patients, but the doctor might dismiss those symptoms if the patient is a younger person. These types of assumptions can lead to a misdiagnosis that causes harm to the patient.

Common Reasons Why Doctors Misdiagnose Patients

There are numerous reasons why a doctor might misdiagnose a patient. Some of the more common reasons include the following:

• Not spending enough time with the patient – Many doctors see a lot of patients throughout the day. Unfortunately, it’s common for patients to feel like the doctor rushes into the exam room, spends a couple minutes, and then leaves, making the patient feel as though their concerns were dismissed or ignored. When doctors hurry through an appointment, they can miss important information, which causes them to misdiagnose a patient.
  
• Failure to obtain a full patient history – In some cases, doctors fail to thoroughly review and capture the patient’s complete medical history. Patients might not know what kinds of information are important, which is why it’s up to the doctor to ask the right questions. Failure to do so can lead to a misdiagnosis.
  
• Misinterpreting lab results or misreading test results – Doctors can misdiagnose when they misinterpret or misread a lab or test result. In some cases, a doctor should send a test or lab result to a specialist, such as a radiologist. When doctors fail to follow up with a specialist, this can lead to a patient’s misdiagnosis. 

• Failure to follow up – When doctors fail to follow up with a patient who sought treatment for certain symptoms, this can lead to a misdiagnosis. In many cases, a doctor will prescribe a certain treatment, which can cause a condition to resolve. However, in some cases the treatment doesn’t work, and the condition persists or gets worse. If the doctor fails to follow up with the patient, they can miss serious health problems. 

• Failure to refer to a specialist – There are many different kinds of medical specialties. For example, you wouldn’t see an orthopedic surgeon for a cardiovascular problem, as one doctor treats issues with the bones and the other specializes in heart conditions. When a doctor tries to treat a patient outside his or her area of practice, this can lead to misdiagnosis.

This is not an exhaustive list of ways a doctor can misdiagnose a patient. Just as every individual’s health is unique, cases of misdiagnosis and medical malpractice vary from person to person. This is why it’s important to discuss your unique case with a medical malpractice lawyer. 

Do You Have a Case for Misdiagnosis? 

To have a claim for medical malpractice, which includes misdiagnosis, your case must meet four elements.

• There was a doctor and patient relationship – To have a claim for misdiagnosis, the doctor must have been your doctor and you must have been their patient. For example, if you asked a doctor friend about your sore ankle at a neighborhood barbeque and the friend wasn’t your actual doctor, you don’t have a claim for medical malpractice against that friend because they weren’t treating you.
  
• The doctor deviated from the standard of care – While treating you, the doctor failed to follow generally accepted medical procedures in their practice area and region of practice.
  
• The breach of the duty of care led to a misdiagnosis – Because the doctor breached their duty of care, this caused you to be misdiagnosed.
  
• The patient suffered damages because of the doctor’s negligence – To have a claim for medical malpractice, you must suffer damages. If you didn’t actually sustain any damages due to the misdiagnosis, you can’t bring a claim for medical malpractice. 

It’s not just doctors who can be held liable for medical malpractice. If you have been the victim of medical malpractice in the form of a misdiagnosis, you may have a claim against a doctor, nurse, hospital, chiropractor, physician’s assistant, or other health care professional or facility.

For example, if you visited an urgent care because you were experiencing chest pain and a nurse practitioner misdiagnosed you as having pneumonia, you may have a claim for medical malpractice and, specifically, misdiagnosis. 

What Are Some Commonly Misdiagnosed Diseases?

While any health condition can be misdiagnosed, some conditions are misdiagnosed more than others. In many cases, this is because the condition shares symptoms with a different condition. Some of the most frequently missed and misdiagnosed illnesses include:

• Cancer
• Heart attack
• Stroke
• Pulmonary embolism
• Lyme disease
• Surgical injuries
• Post-surgical infections
• Glaucoma, retinal detachment and other eye diseases

Most of these illnesses and diseases show symptoms that are also associated with less serious illnesses. For example, the chest pain people often exhibit with a heart attack might  also occur with gastro-intestinal reflux disease (GERD) or “heartburn” from spicy food, so it is important that doctors make sure you do not have a serious life-threatening condition before they diagnose a less serious, although more common condition. 

Unfortunately, some patients may get turned away from medical treatment or even told they are imagining things or making up symptoms. When this happens, it can put a patient’s health and even life in danger. It can also result in the patient experiencing unnecessary pain and a diminished quality of life. 

What If a Doctor Treats You for a Condition You Never Had?

One form of misdiagnosis involves a doctor treating a patient for a disease or illness they never actually had. For example, a doctor may diagnose a patient with cancer, which results in the patient going through chemotherapy, radiation, and other aggressive treatments. The patient may even have life-changing surgery, such as a patient who had prostate surgery that left him impotent only to later discovery that he never had prostate cancer.

In these cases, a patient may be entitled to damages for the damages they suffered, which often includes pain and suffering, mental anguish, loss of enjoyment of life, medical bills, and future earning potential. 

How Much Is My Misdiagnosis Claim Worth?

No medical malpractice lawyer can predict in advance how much your medical malpractice claim is worth. However, an experienced medical malpractice lawyer can review your claim and your damages and give you an estimate of what you might expect to receive if you prevail on your claim. 

One factor to consider is that medical malpractice claims frequently require expert testimony in the form of medical professionals who must review your treatment records and how the doctor treated your condition. This is because part of establishing a medical malpractice claim involves proving that your doctor deviated from the standard of care. Expert testimony is an additional cost, which is why litigating medical malpractice claims can get quite expensive. 

The damages a patient can expect to receive varies from person to person, but here are some common damages you will see in medical malpractice cases:

• Pain, suffering and mental anguish
• Physicians’ bills
• Medical equipment bills
• Patient’s lost wages
• Emergency room bills
• Hospital bills
• Home nursing services
• Household services, including cleaning
• Loss of companionship of a spouse
• Loss of enjoyment of life
• Lost wages
• Loss of future earnings 

The point of damages in a medical malpractice case is to restore, as much as possible, the patient to their state before the misdiagnosis occurred. Obviously, courts know it’s impossible to erase what happened or to ever fully put someone back the way they were before. However, monetary compensation can help ease the burden of medical bills, lost wages, and other expenses a patient shouldn’t have to pay.

Discuss Your Case with a NYC Medical Malpractice Misdiagnosis Lawyer

If you or a loved one has been misdiagnosed by a doctor, hospital, or health professional, you may have a claim for medical malpractice. Because there are strict time limits for filing a claim, you should discuss your case with a New York City medical malpractice and medical misdiagnosis lawyer as soon as possible. An experienced lawyer can review your claim and help you determine the next steps in your case. 

Sources:

1. . 

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Even more troubling, these types of mistakes have more than doubled in recent years, according to studies by AARP and others.

Pharmacists’ Mistakes Lead to Injury and Death

Reports from the Chicago Tribune and the New York Times state that pharmacists from major drug retailers like CVS, Rite Aid, and Walgreens have written letters to their state regulatory boards expressing concern and frustration over understaffed work environments that make mistakes more likely. In one letter to a state regulatory board, a pharmacist wrote: “I am a danger to the public.” 

Just how dangerous? In 2019, a 17-year-old girl in Connecticut was ready to take her regular asthma medication when she abruptly realized the CVS pharmacist had dispensed blood pressure pills meant for another patient. 

In a November 2018 case, a 38-year-old man from Illinois ended up in the emergency room with eyes that were painful, swollen, and red. Doctors discovered his pharmacist had given him ear drops instead of eye drops. 

An 85-year-old woman in Florida wasn’t fortunate enough to discover her Publix pharmacist’s mistake until it was too late. By the time she was admitted to the hospital, she was dying from taking an incorrectly dispensed chemotherapy drug when her doctor had in fact prescribed her an antidepressant. She passed away after two weeks.  

Pharmacists Are Overworked and Understaffed in Many Areas 

In many cases, pharmacists around the country have tried to sound the alarm that they are overworked, putting patients at risk as mistakes increase. In most pharmacies in the U.S., you can find a pharmacist performing a flurry of tasks, from filling prescriptions and working the cash register to tending the drive-thru and answering phones. They may also be asked to give flu shots or provide medication counseling to patients. 

Unfortunately, many pharmacists are forced to multitask because it saves pharmacies money. By relying on pharmacists to fill all these roles, the pharmacy can avoid hiring assistants and other workers to take on these jobs. 

Statistics About Medication Mistakes

According to the Food and Drug Administration (FDA), 1.3 million people a year in the U.S. sustain injuries due to medication mistakes. This number more than doubled between 2000 and 2012. 

Various studies report different numbers regarding the number of fatalities caused by drug mistakes. Researchers say it can be difficult to pinpoint the exact number, as some patients may already have an underlying illness when they take a drug. In one study, there were 67,000 drug mistakes that caused 414 deaths. Researchers say it’s possible this number is higher, as their report only looked at drug mistakes patients reported to poison control. 

In the same study, researchers found that medication errors happen most often in patients over age 50, although they can happen at any age. In the majority of fatal cases, medication errors involve drugs prescribed for cardiovascular conditions, high blood pressure, opioids, and hormones. 

In fact, 1 in 5 drug mistakes involve medications prescribed for heart conditions, with two-thirds of fatalities attributed to drug mistakes involving heart medications. Additionally, the number of drug mistakes associated with diabetes rose by 300 percent. 

Researchers from Nationwide Children’s Hospital in Columbus, Ohio say the increase in drug mistakes involving diabetes medications could be due to the rise in people being diagnosed with Type II diabetes. 

Who Is Responsible for Medication Mistakes?

Pharmacies typically handle a high volume of patients, and they may not always have the staff and resources they need to dispense medication safely. If you’ve been injured due to a medication error, you may be entitled to compensation.  

While each situation is different, there are a number of individuals or entities that may be liable for the drug mistake that resulted in your injury. 

• The pharmacy – If you’ve been injured after taking medication filled at a pharmacy, the pharmacy itself may be negligent if its unsafe practices led to your injury. A pharmacy would also be responsible for the negligence of pharmacists or others whom it employs.
  
• The pharmacist – Pharmacists owe a duty of care to their patients. If they deviate from this duty of care, they may be held liable for a patient’s injury due to a drug mistake.
  
• Doctors – In some cases, medication errors are caused by a doctor’s negligence. For example, they might prescribe the wrong medication or fail to properly document a patient’s health history, which causes them to overlook a possible drug interaction. 

If you have been injured by a medication error, it’s important to discuss your case with a New York City medical malpractice lawyer Jonathan C. Reiter, as soon as possible. An can help you understand your rights as well as the next steps in your case.   212-736-0979

Sources:

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In some cases, the symptoms of certain types of cancers mimic those of other diseases. If doctors aren’t diligent or don’t conduct the proper types of testing, they can mistake cancer for a different health problem. 

If your cancer treatment was delayed due to a misdiagnosis, it’s important to discuss your case with a New York City medical malpractice lawyer. You may be entitled to receive compensation. 

Important Cancer Statistics

Here are some key cancer statistics according to the National Cancer Institute:

• Over 1.7 million people were diagnosed with cancer in 2018.
  
  
• In 2018, an estimated 609,000 people died from cancer.
  
  
• The most common cancers in the United States are breast cancer, lung cancer, prostate cancer, colon cancer, melanoma, bladder cancer, non-Hodgkin lymphoma, and kidney cancer.
  
  
• Deaths from cancer are higher among men compared to women. Cancer mortality is also higher among African-Americans. Cancer mortality is lowest among women of Asian/Pacific Islander descent.
  
  
• In 2017, the U.S. spent $147.3 billion on medical care related to cancer. Experts expect this to increase as the population ages.

One of the things that makes cancer susceptible to delayed diagnosis and misdiagnosis is the fact that there are so many different types of cancer.

Unlike other diseases, cancer can affect the body differently depending on where it forms. Various types of cancer may also call for different treatments. Some types of cancer can grow for years or even decades before they are easily detected. 

Which Cancers Are Misdiagnosed Most Often?

Health experts suspect that some cancers are misdiagnosed more often than others simply because they occur more often. A very rare cancer will probably have comparatively fewer misdiagnoses than cancer that occurs very frequently in the population. 

In other cases, certain types of cancers don’t show any symptoms in the initial stages, which can cause patients to dismiss minor complaints. When they see a doctor, their doctor might diagnose them with a less serious issue, leading to a delay in potentially life-saving treatment.

Breast Cancer

Statistically, about 1 in 8 women will be diagnosed with some kind of cancer during their lifetime. Breast cancer is the top cause of cancer in women, and some types of breast cancer are misdiagnosed at higher rates than other kinds of cancer.

Inflammatory breast cancer is a type of cancer that can cause the breast to become red, swollen, and inflamed. Many women don’t associate these symptoms with breast cancer. Likewise, doctors may diagnose these symptoms as other issues in the breast, such as fibrocystic breast disease or mastitis. Misdiagnosis of this type of breast cancer is particularly common among younger women, who have lower breast cancer rates compared to women over 60. 

Colorectal Cancer

Colorectal cancer encompasses rectal cancer, colon cancer, and cancers that occur in the lower intestine. It’s common for patients who have colorectal cancer to be misdiagnosed as having irritable bowel syndrome, celiac disease, or ulcerative colitis. 

Pancreatic Cancer

When patients with pancreatic cancer have symptoms, they tend to occur in the digestive system. As with colorectal cancer, a person with pancreatic cancer might experience symptoms that make a doctor misdiagnose them as having irritable bowel syndrome. They may also be told they have gallstones or pancreatitis. 

Lung Cancer

Together, breast, colorectal, and lung cancer make up 10 percent of all misdiagnosed cancer cases. The symptoms of lung cancer can vary, but many patients experience wheezing and coughing. These symptoms often appear in chest infections, the flu, and the common cold. As a result, patients may not receive a timely diagnosis. Their doctor might tell them they have asthma, pneumonia, or bronchitis. This can lead to a delay in treatment.

When patients don’t receive the treatment they need right away, cancer can spread to other parts of the body, where it is often more difficult to treat. In some cases, the person can’t receive any kind of life-saving treatment because the cancer is too widespread. This is a devastating diagnosis for a patient.  

Discuss Your Case with an NYC Medical Malpractice Lawyer

If you have suffered a delay in your treatment due to a misdiagnosis or a delayed diagnosis involving cancer, you should discuss your options with an experienced New York City medical malpractice lawyer as soon as possible. If your loved one died due to a delay in cancer diagnosis or a cancer misdiagnosis, you may be entitled to compensation through a wrongful death claim. 

There are strict time limits for filing a medical malpractice claim, so it’s in your best interest to seek help from a knowledgeable medical malpractice lawyer right away.   

Sources:

1. https://www.cancer.gov/about-cancer/understanding/statistics
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As the second most common type of cancer among men according to the American Cancer Society, around 1 in 9 men will receive a diagnosis of prostate cancer during their lifetime. (To put that number into context: 1 in 8 women are diagnosed with breast cancer.) Each year, there are approximately 174,000 new prostate cancer diagnoses in the United States, and it results in nearly 31,000 annual deaths. Fortunately, prostate cancer is highly treatable, and most men diagnosed with it survive. 

But what can happen when a doctor fails to diagnose prostate cancer? Or when a delay in diagnosis requires a patient to undergo much more involved and life-changing treatment?

Because prostate cancer is rare in men under age 40, some doctors may dismiss the possibility entirely. When they fail to test for it, a patient’s long-term health and well-being can suffer irreversible impact. In extreme cases, a missed diagnosis can even lead to death.

The Importance of Early Diagnosis of Prostate Cancer 

Prostate cancer is generally highly treatable, which makes a missed diagnosis even more devastating. The American Cancer Society states that 3.1 million men in the U.S. today have survived prostate cancer. Without a proper medical diagnosis, it’s likely many of them would not have survived. 

Oncologists use a figure called the five-year survival rate to assist in the prognosis of different forms of cancer. The five-year survival rate indicates the percentage of patients diagnosed with a particular condition that are still alive five years after their diagnosis. In the case of prostate cancer, those with local or regional cases (that is, the tumors have remained confined to the prostate and surrounding organs), the five-year survival rate is close to 100%. But when the cancer spreads to other parts of the body, this number plummets to 30%. The later the diagnosis, the more likely the cancer has spread to remote parts of the body.     

Screening for Prostate Cancer

Health experts and cancer prevention guidelines recommend that men receive a prostate cancer screening from a primary care doctor or urologist every two to four years starting at the age of 50. Men with a family history of prostate cancer and men of African-American descent are at higher risk for prostate cancer, and should discuss receiving an earlier screening with their doctor. 

Recent advances have made the detection of prostate cancer more reliable. There are currently two tests used by doctors to screen patients for prostate cancer. The most common form of screening is a rectal exam, during which doctors check the prostate for irregularities that could indicate a tumor or the beginnings of one.

Additionally, doctors may administer a prostate-specific antigen blood test (PSA), which measures a protein produced by the prostate that may be elevated if there is cancer present. Because PSA is always present in the male body and elevated levels can be indicative of conditions other than cancer, physicians cannot rely solely on this test to make a diagnosis. However, abnormally elevated PSA warrants further testing such as a prostate biopsy.

What Are the Symptoms of Prostate Cancer?

It’s important to note that not every man with prostate cancer will exhibit symptoms. This is what makes it critical to be screened for the disease at regular intervals.

In cases where symptoms are produced, they may include:

• Frequent urge to urinate which may worsen at night.
• Difficulty beginning to urinate, or a weak or interrupted stream of urine.
• Pain, discomfort, or a burning sensation during urination. 
• Pain in the lower back, upper thigh, or hip.
• Presence of blood in semen or urine.
• Difficulty achieving or maintaining an erection (erectile dysfunction).
• Pain during ejaculation.

Not everyone knows how important it is to be regularly screened for prostate cancer, and many men don’t realize that the risk for developing prostate cancer increases with age. When doctors fail to inform their patients of their screening options, diagnosis may be missed or delayed.

Damages Caused by a Doctor’s Prostate Cancer Misdiagnosis or Delayed Diagnosis

Like many cancers, prostate cancer has a much higher survival rate when it’s caught early. Patients who are diagnosed early may be able to avoid overly invasive treatment altogether. This can improve their quality of life, reduce their stress levels, and allow them to remain active and keep working while undergoing treatment. An early diagnosis can also keep a patient’s medical expenses low.

When a doctor misdiagnoses or delays a prostate cancer diagnosis, patients may suffer unnecessary physical pain and emotional anguish, including permanent loss of sexual function due to aggressive treatment, scarring, removal of organs, and even death. Patients who undergo invasive cancer treatment may never fully recover their physical health, which puts them at risk for having to leave the workforce, therefore impacting their entire family. 

Failure to Diagnose Prostate Cancer 

Men who have suffered a missed or delayed diagnosis of their prostate cancer may be entitled to receive compensation for their injuries and other damages suffered. This is why it’s important to contact a medical malpractice lawyer who has an established history of handling cases in the area of medical misdiagnosis and medical malpractice. 

About the author: Attorney Jonathan C. Reiter medical malpractice attorney 

Jonathan C. Reiter is a medical malpractice attorney esteemed for his successful track record in medical malpractice verdicts and settlements. No financial compensation can replace a man’s unnecessary death, or the pain endured by his family members. Because premature death may create a huge financial burden on the family left behind, having a compassionate lawyer on your side is essential. When your story is a medical tragedy, Attorney Jonathan C. Reiter, a renowned medical malpractice attorney with offices in Manhattan, Bronx & Queens, is available for a no-fee consultation.Ěý

Sources:

1. łółŮłŮ±č˛ő://·É·É·É.ł¦˛ą˛Ôł¦±đ°ů.´Ç°ů˛µ/ł¦˛ą˛Ôł¦±đ°ů/±č°ů´Ç˛őłŮ˛ąłŮ±đ-ł¦˛ą˛Ôł¦±đ°ů/˛ą˛ú´ÇłÜłŮ/°ě±đ˛â-˛őłŮ˛ąłŮľ±˛őłŮľ±ł¦˛ő.łółŮłľ±ôĚý
2. https://www.cancer.net/cancer-types/prostate-cancer/statistics
3. https://www.cancer.gov/types/prostate/psa-fact-sheet
4. https://www.breastcancer.org/symptoms/understand_bc/statistics#targetText=About%201%20in%208%20U.S.,(in%20situ)%20breast%20cancer.

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When a diagnosis of cancer is missed or delayed, the disease can progress to a point where it becomes uncurable, or treating it requires more extensive treatments or surgery. Patients may be forced to take time off work or to stop working entirely. In many cases, they must also deal with a diminished quality of life while they undergo aggressive treatment. In the most catastrophic cases, a cancer misdiagnosis leads to a patient’s preventable death.

If your doctor missed your cancer diagnosis or delayed diagnosing you, you may be entitled to receive compensation for your losses, including money for pain and suffering, medical bills, lost wages, future medical expenses, and other damages. It’s important to discuss your missed cancer diagnosis case with a New York City medical malpractice lawyer. 

How Often Do Doctors Miss a Cancer Diagnosis?

Most people are brought up to revere and admire doctors; society views physicians and other health professionals as intelligent and competent. However, doctors are still human beings and like anyone else, they can make mistakes. When they do, patients may suffer the consequences.

According to several studies, missed cancer diagnosis happens more often than many people realize. Even more concerning, doctors themselves underestimate just how often they and their colleagues get it wrong. 

In a 2013 study jointly published by Best Doctors and the National Coalition on Health Care, researchers surveyed over 400 doctors who stated that the cancer misdiagnosis rate fell in a range between zero and 10 percent. 

When researchers compared the doctors’ estimates to the real statistics from the BMJ Journal, however, they found that doctors actually misdiagnosed cancer in 28 percent of cases.  

In another study conducted by Johns Hopkins University, researchers found that doctors completely missed a cancer diagnosis in 71 out of 6,000 cases, and mistook one type of cancer for another in 1 out of 5 cases.

The findings show that there is a wide gap between how often doctors think they miss a cancer diagnosis and how often they actually fail to diagnose cancer. This disparity harms patients and causes them to forego treatment that could improve their outcomes and possibly even save their lives. 

Why Do Doctors Misdiagnose Cancer?

Doctors can miss a cancer diagnosis for a variety of reasons. In many cases, misdiagnosis is brought about by some kind of error in the pathology process. When doctors send out a biopsy sample for analysis, a pathologist reviews the sample and runs tests to determine if the sample is cancerous. 

It’s also possible for a doctor to dismiss a patient’s symptoms or concerns during an office visit or exam. Far too often, patients leave a doctor’s office feeling like they were rushed through a visit or not given an opportunity to have all their questions answered. This may even cause a patient to avoid seeking future treatment because a doctor made them feel silly or like a hypochondriac. 

When doctors dismiss a patient’s concerns or fail to conduct follow up tests or exams, they can miss a cancer diagnosis. For the vast majority of cancers, early diagnosis and intervention is key to stopping the cancer from progressing and giving the patient the best prognosis possible. 

Additionally, cancers that are caught early are often far easier to treat with fewer aggressive interventions than those that are allowed to progress unchecked. When doctors fail to diagnose cancer in a timely manner, patients pay the price with their health, their finances, and sometimes even their lives. 

Ways to Reduce Missed Cancer Diagnosis 

In the BMJ Journal study that looked at how often doctors miss a cancer diagnosis, doctors also responded with ways they believe missed diagnoses can be reduced. In the study, 36 percent of doctors said they think new diagnostic tools and methods in pathology would help reduce the number of cancer misdiagnosis cases.

In the same study, 17.8 percent of doctors said they believed new methods of genetic testing for tumors could improve outcomes and reduce the number of missed diagnoses in cancer patients. Another 15 percent of doctors said better radiology resources could cut down on the number of missed cancer diagnosis cases. 

Contact a NYC Medical Malpractice Lawyer About Your Case

If you are a victim of medical malpractice due to a doctor misdiagnosing your cancer or delaying your cancer diagnosis, it’s important to speak to a New York City medical malpractice lawyer about your case. There are strict time limits for filing a medical malpractice claim, so it’s important to act quickly to protect your right to receive compensation. 

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Sources:

1. bostonmagazine.com/health/2013/01/31/study-cancer-misdiagnose/
2. webcache.googleusercontent.com/search?q=cache:VhTyx2-W3TYJ:www.hopkinsbreastcenter.org/artemis/200106/feature.html+&cd=4&hl=en&ct=clnk&gl=u

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1. Design Flaws

Technology is not perfect, and EHRs often have technological or design flaws. However, sometimes the vendors of these EHRs will include clauses that release them from any liability; they attempt to put the full liability for any medical malpractice on physicians and medical professionals. 

1. Incorrect Information 

These are simply electronic devices and software. They are only as good as the information that they have stored inside of them. Oftentimes, there can be inaccurate or outdated patient information stored. If a doctor relies on incorrect or outdated information, then they may give the wrong medication or a wrong diagnosis.

Also, some of the voice-recognition software does not record and transcribe information perfectly. With incorrect or inaccurate data, a doctor can easily make a medical error.

1. Copy and Paste

Copy and paste errors are some of the most common errors leading to medical negligence. Doctors or nurses may erroneously copy and paste information from the last patient visit into the patient’s EHR. However, some information could have changed since the last appointment. These technology errors can cause medical malpractice by doctors.Ěý

1. Auto-populate

Similar to the copy and paste error, the medical fields of a patient may already be filled out. Medical history and physical or procedure notes could be auto-populated from older notes or even a template. In these cases, the auto-population could be incorrect, and not taken from the most recent medical information. Doctors need recent and accurate medical information to determine a medical condition. Without accurate medical history, there is a greater chance of medical malpractice. 

1. Typos

It is hard to imagine that a simple typo could cause injury or death. When a nurse or doctor types a condition, medication, or test in an EHR incorrectly, however, it could lead to catastrophic injuries or death. Many medications and tests have very similar names. Any type of data-entry error could cause a patient record to be wrong. These mistakes rise to the level of medical negligence, even if the typo was seemingly insignificant. 

1. Distraction 

When a doctor or nurse has their eyes on their computer, their eyes are not on you. These electronic devices take away attention from the patient, which can result in misreading the patient’s symptoms. Also, patient interaction is very important. If a patient feels as if they are being ignored, they may not tell their entire medical issue. Distraction by such technology can cause the doctor-patient to be broken for this reason. Without giving full attention to a patient, a doctor may be negligent in prescribing the correct medicine or ordering appropriate tests. 

1. Technology Burnout

Doctors are responsible for the information they provide to patients. The doctor-patient relationship is sacred. It is important that no matter what, the communication between a doctor and a patient remains open and understandable. Technology consumes much of a doctor’s time due to EHRs. With technology burnout, doctors are exhausted. Doctors are not paying attention in examination rooms, because they are looking at computer screens. The exhaustion caused by technology burnout leads to negligent errors.

1. The Type of Medical Practice

Some types of medical practices have more instances of medical malpractice due to EMRs. The top spot goes to family medical doctors. This may be because family medical doctors see many more patients, with a wide range of medical issues, which could lead to increased errors. The percentage of medical malpractice cases due to EMRs in different kinds of medical practices is listed below: 

• Family medicine: 8 percent
• Internal medicine: 8 percent
• Cardiology: 6 percent
• Radiology: 6 percent
• Obstetrics: 5 percent
• Orthopedics: 5 percent
• Nursing: 5 percent
• Hospital medicine: 4 percent
• Gynecology: 4 percent
• Emergency medicine: 3 percent
• Anesthesiology: 3 percent
• Plastic surgery: 3 percent
• Urology surgery: 3 percent
• General surgery: 3 percent

Contact an Experienced Attorney Today 

When there are errors in electronic medical records, patients can be seriously injured. In fact, statistics show that for medical errors due to EMRs, 25% of the injuries result in death. Other injuries include adverse reactions to medicines, a need for surgery, emotional trauma, an undiagnosed malignancy, organ damage, infections and more. If you were injured by your doctor or hospital, you may have a strong medical malpractice claim. 

About the law firm:

Jonathan C. Reiter is a New York City Trial Lawyer with an impressive resume in the areas of medical malpractice lawsuits.Ěý A talented team of attorneys at łÔąĎÍ·Ěő, has recovered more thanĚý$250 millionĚýfor clients in the United States and around the world.Ěý

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According to a report from the Institute of Medicine, 1 in 20 adults in the United States each year seeks out urgent or outpatient care for a medical issue that is misdiagnosed. Over the course of their lifetime, the majority of Americans will receive some kind of incorrect or delayed diagnosis. This is a contributing factor in approximately 10 percent of all patient deaths.

When a patient is misdiagnosed or a doctor fails to diagnose a health condition or disease, a patient may go without potentially life-saving treatment. When doctors mistake one health condition for another, the patient may also receive treatment that is not actually needed. This can cause a patient to receive unnecessary and potentially harmful medications and/or procedures. 

Top 5 Most Commonly Misdiagnosed Diseases in the United States  

Tragically, some diseases and health conditions are misdiagnosed or simply missed on a regular basis. Here are the top five misdiagnosed health conditions in the United States. 

1. Heart Attacks 

Most people are familiar with the common symptoms of a heart attack. These symptoms can include chest pain that may shoot down the left arm as well as shortness of breath and dizziness. 

However, other health conditions can also mimic these symptoms, leading doctors to miss the signs of a heart attack. For example, a doctor might misdiagnose a heart attack as a gastrointestinal condition such as gastrointestinal reflux disease, commonly referred to as heartburn. This mistake is especially common in patients who are younger. Because heart attacks tend to occur in older adults, some doctors may dismiss a younger patient’s symptoms because they don’t believe someone that young could suffer a heart attack.

According to a study published by Diagnosis, patients who are young as well as patients who are African American have the highest rate of missed heart attack diagnosis. 

2. Cancer

Certain types of cancer make up 10 percent of all doctor-reported missed diagnoses in the Journal of the American Medical Association. Because doctor-reported numbers are likely to carry bias, it’s possible that the actual number of missed cancer diagnoses is somewhat higher. 

Among all cancers, lung, breast, and colorectal cancers are the ones doctors miss most often. In the majority of cases, doctors missed these cancers because they delayed sending the patient for a biopsy after a screening returned an abnormal result. 

3. Pulmonary Embolism

A pulmonary embolism happens when a patient forms a blood clot – typically in one or both legs that then travels to the lungs. In a study published by the Journal of the American Medical Association, 4.5 percent of all diagnostic mistakes involved pulmonary embolism.  Pulmonary embolism is a particular worry after surgery or any prolonged period of immobility. Pulmonary embolism is a potentially fatal event and needs to be treated on an urgent basis. 

4. Drug Overdose

In a study from the Journal of the American Medical Association, diagnostic errors involving drug overdoses accounted for 4.5 percent of missed diagnoses. In most cases, the drugs involved included prescription painkillers such as Vicodin and Percocet. 

The report stated that many of these patients tended to be older and have a number of ongoing, long-term health conditions, which could cause doctors to overlook drug overdose as a potential cause of their condition. However, drug overdose is a growing problem, with opioid overdoses quadrupling since 1999.  

5. Stroke

According to the BMJ Journal, about 9 percent of patients with stroke are misdiagnosed. The signs of a stroke vary and can often look like a different health problem. Patients may report feeling confused, dizzy, or experiencing a sudden lack of coordination. They may also suffer problems with their ability to speak clearly.

Talk to a NYC Medical Malpractice Lawyer About Your Misdiagnosis Case

If you have experienced a delayed diagnosis, failure to diagnose, or misdiagnosis due to a doctor’s medical mistake, it’s important to speak to a New York City medical malpractice lawyer right away. You may be able to obtain compensation for your losses, including medical expenses, pain and suffering, future medical costs, lost wages and lost earning potential.   

Sources:

1. https://www.foxnews.com/health/the-3-cancers-doctors-miss-most-plus-4-other-commonly-misdiagnosed-conditionsĚý

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Contact a NYC Medical Malpractice Lawyer

If you have experienced a lung cancer misdiagnosis, or your doctor diagnosed you with lung cancer by mistake, you may be entitled to compensation for your damages. It’s important to discuss your case with a New York City medical malpractice lawyer. There are time limits for filing a medical malpractice claim, so don’t wait to speak to a cancer misdiagnosis lawyer about your options.  

As with all cancers, early detection and prompt treatment are important for improving long-term survival rates. While people who smoke are at the highest risk of developing lung cancer, the disease can also occur in people who have never smoked. Additionally, the majority of people diagnosed with lung cancer are age 65 and older. However, lung cancer can affect people of all ages. 

Because lung cancer tends to develop in people who are older, as well as people who smoke or have smoked in the past, doctors can sometimes dismiss lung cancer as a possible cause of symptoms in people who don’t fit these demographics.

Also, lung cancer symptoms can often mimic symptoms of other health conditions. When doctors fail to diagnose lung cancer or misdiagnosis it as another illness, patients can suffer lasting harm. 

What Are the Symptoms of Lung Cancer?

Although other common types of cancer are routinely screened for in patients at risk, this is rarely the case for lung cancer. The majority of doctors don’t perform any type of testing unless a patient presents with certain symptoms. Symptoms include a cough that won’t go away, chest pain, wheezing, coughing up blood, bone pain, and persistent headaches.

As with many other health conditions, lung cancer symptoms can vary from patient to patient, which makes it important for doctors to conduct certain types of testing to rule out lung cancer or confirm a lung cancer diagnosis before recommending or beginning any kind of treatment. 

Tests varying among practitioners, as well as according to the needs of the patient. Some of the most common tests and screenings used to detect lung cancer include MRIs, PET scans, x-rays, and biopsies. Doctors may also perform a sputum analysis or a bronchoscopy if they suspect a patient may have lung cancer. 

A sputum analysis is a test that analyzes secretions produced by a patient’s cough. With this type of test, doctors and pathologists review the cells within the secretions to look for cancer cells. However, cells contained in sputum don’t always necessarily exhibit signs of cancer despite the presence of cancer within a patient’s lungs.

A bronchoscopy may be performed on a patient with suspected lung cancer. This type of test is performed with the insertion of a tube into the patient’s airways, usually through the mouth or the nose. This allows doctors to view any tumors that might be present in the lungs. If a doctor sees a tumor, they will typically conduct further testing to determine if lung cancer is present. 

A biopsy involves the removal of a piece of tissue from the affected part of the body. In the case of lung cancer, doctors typically biopsy a patient’s lungs by using a very fine needle. Biopsies aren’t foolproof, and misdiagnoses can still occur, so it’s important for doctors to perform other testing if necessary. 

Lung Cancer Can Be Misdiagnosed as Other Diseases

Unfortunately, it’s possible for doctors to misdiagnose lung cancer for something else. In some patients, they may miss lung cancer because they confuse it with another lung condition, such as tuberculosis, pneumonia, or lung nodules.

When doctors miss lung cancer, they delay a patient’s treatment. This can allow the cancer to spread to other areas of the body. It also subjects the patient to more aggressive and more invasive treatment in the future. In the most devastating cases, a patient dies because their doctor misdiagnosed their lung cancer. 

In other cases, a doctor diagnoses a patient with lung cancer by mistake. This can lead to invasive treatments that cause a patient unnecessary pain, stress, and even harm. 

Sources:

1. https://www.cancer.org/content/cancer/en/cancer/lung-cancer/about/key-statistics.htmlĚý
2. https://www.cancer.gov/types/lung

http://www.rightdiagnosis.com/l/lung_cancer/misdiag.htm

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