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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
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New York City Medical Malpractice Law Blog

Failure to Diagnose Cancer and Medical Malpractice Lawsuits

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Failure to Diagnose on Tuesday, March 22, 2016.

Cancer is one of the major causes of death in the United States as well as across the globe. In 2012, there were 14 million new cancer cases and 8.2 million cancer-related deaths worldwide. Statistics reveal that there will be an estimated 1,685,210 new cases of cancer in the United States and 595,690 deaths caused by the disease in 2016. Within the next two decades, the number of new cancer cases will rise to 22 million.

Cancer is one of the major causes of death in the United States as well as across the globe. In 2012, there were 14 million new cancer cases and 8.2 million cancer-related deaths worldwide. Statistics reveal that there will be an estimated 1,685,210 new cases of cancer in the United States and 595,690 deaths caused by the disease in 2016. Within the next two decades, the number of new cancer cases will rise to 22 million.

When most people think of medical malpractice, what comes to their mind is a doctor's mistake that leads to the direct injury of a patient, such as a wrong medication dose, administering the wrong medication or a slip of a scalpel during surgery. But the main cause of many medical malpractice cases are doctor errors that result in indirect harm or pain to patients, such as delayed or wrong diagnosis.

Is Delayed Diagnosis a Medical Malpractice Case?

In a delayed diagnosis malpractice, even if the doctor had never become involved, the patient would still have been harmed.

For example, let us say a patient has a treatable form of cancer. During a doctor visit, the doctor fails to properly diagnose the cancer for several months. By the time the doctor properly diagnoses the cancer, it has spread throughout the patient's body, and is no longer treatable. Then, the patient soon dies from the disease.

In this scenario, the patient's death was not caused directly by the doctor. If the patient ignored the symptoms and never paid a visit to the doctor, the patient still would have died at roughly the same time. However, the death of the patient was not directly caused by the doctor because the death would have been prevented with a proper cancer diagnosis. Therefore, the doctor can be held liable for not just the delay abut also the resulting injury.

What a Patient must Prove?

There are three basic elements that patients must prove in order to win a medical malpractice case:

· There was a doctor-patient relationship between both parties.

· The doctor was negligent when diagnosing the cancer.

· The patient was harmed as a result of the negligence.

Asserting Your Rights

Medical malpractice cases are generally quite complex and a challenge to prove. No states' law that professes that, "Medical negligence has taken place if the doctor or physician failed to perform procedure A in a stipulated amount of time B". And, this is why it is quintessential that you find a lawyer who has experience in medical malpractice cases to glance through the facts of your case, and be sure if all the important legal and medical elements that are required are in place, to file a genuine and credible medical malpractice lawsuit.

RMFW Law Firm comes through in Crunch Time

If you or a loved one was harmed as a result of the negligent actions of your doctor, you should make sure that you seek the help of one of the skilled and experienced medical malpractice attorneys at the sensational law firm of Rosenberg, Minc, Falkoff, & Wolff at 212 697 9280. You can discuss in depth the details of your case during this first consultation.

The first meeting is on us. We only take a percentage and that comes from the final verdict or settlement. We are only paid when you are paid. We have won millions of dollars for past clients and you too could be on this marvelous list. What do you have to say? Do you want your voice legally heard?

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CASE OF THE MONTH

$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

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