A jury in Massachusetts recently awarded a $16.7 million verdict in a medical malpractice wrongful death action filed by the sole surviving child of a woman who passed away from misdiagnosed lung cancer.
According to the jury, the radiologist who performed a routine chest x-ray failed to notice an opaque spot on the decedent’s lung. Thirteen months later, she was diagnosed with advanced lung cancer, and died shortly thereafter.
If you or a loved one recently endured the effects of a cancer misdiagnosis, NY misdiagnosis lawyers at EKJ Law are standing by to help review your case and join you on the road to justice.
Cancer misdiagnosis lawsuit
In the Massachusetts case, the victim came to her doctor complaining of persistent coughing and chest discomfort. The doctor issued an order for a routine chest x-ray, and promptly diagnosed her with pneumonia. She left the office that day with antibiotics and instructions to take it easy. Meanwhile, an aggressive form of lung cancer was steadily evolving and deteriorating her respiratory system, eventually spreading to her kidney, liver, spine, and pubic bone.
Approximately 13 months later, the victim returned for additional testing after she still was not feeling well. The tests ultimately revealed the presence of the irreversible cancer, and she was given a grim prognosis. Approximately two years after her cancer misdiagnosis, the victim passed away from a disease that, according to the jury, could have been prevented.
Overview of medical malpractice claims
Medical malpractice claims are a sub-sect of negligence law. These claims involve actions (in action) by a doctor or nurse that deviate from standard and accepted practices within the medical community. During a trial, both plaintiff and defendant usually call expert medical witnesses to the stand to explain what is considered “standard and accepted,” as this definition can be subjective in certain cases.
In the case above, the jury presumably determined that the doctor’s actions in reviewing the victim’s chest x-rays were not standard within the accepted practices as applied to radiology. In addition, the doctor failed to take into account (or even review) the victim’s medical history, which would have revealed a 30-year history of smoking and a family history of lung cancer.
NY misdiagnosis lawyers can help
If you are facing the effects of a misdiagnosis, you may be feeling overwhelmed at the prospect of battling against a physician’s office or hospital to make your claim. Fortunately, by working with a knowledgeable attorney, you can forgo the anxiety and frustration of handling the claim yourself, and your lawyer can argue on your behalf against the defendants responsible for your injuries.
As a successful medical malpractice plaintiff, you may be able to obtain compensation to cover the costs of your medical treatment, as well as lost or future earnings. General damages to compensate for your emotional turmoil or mental anguish may also be available. If you are a surviving loved one of someone taken by a cancer misdiagnosis, our team of legal advocates can help you advance a strong and thorough wrongful death action on behalf of your family member.
Filing a New York cancer misdiagnosis lawsuit
If you would like to discuss your case with a reputable and experienced NY cancer misdiagnosis lawyer, please contact Edelman, Krasin & Jaye right away for a free consultation. You can reach our New York office by calling 1-800-469-7429.