Legal Question in Medical Malpractice in New York

delayed cancer diagnosis

My doctor evaluated my benign tumor every 6 months in 2004 -2007. It seemed not to grow, and he kept saying he wouldn't recommend a surgery or additional diagnostics . In February 2007 he recommended less frequent evaluations: every 12 months. In February 2008 he decided that a surgery was already due, but it was not urgent. I went for a second opinion. Within the last month, a different doctor sent me for additional diagnostics, performed the surgery, and it was confirmed as Stage 3 cancer. Do I have a case?


Asked on 4/05/08, 11:00 am

4 Answers from Attorneys

Re: delayed cancer diagnosis

You may have a case. We would have to deal with the statute of limitations issue but it sounds like you havw sufficient continuous treatment to get past the claim. Please feel free to contact me.

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Answered on 4/05/08, 11:10 am
Jonathan Nelson The Law Offices of Jonathan B. Nelson, PC

Re: delayed cancer diagnosis

You may have a case for the delayed diagnosis; however, there are many questions that need to be answered. Please feel free to contact me to discuss.

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Answered on 4/05/08, 11:14 am
Pasquale Calcagno Calcagno & Associates, PLLC

Re: delayed cancer diagnosis

I am very sorry for your situation. In order to prove a delayed cancer diagnosis type claim one needs to prove that the doctor deviated from the standard of care. I need more information from you. Please call me, Pasquale Calcagno, Esq. of Calcagno & Associates right away at 1(800)WE-FIGHT for a free consultation and visit my website for helpful information on medical malpractice claims at www.1800wefight.com.

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Answered on 4/05/08, 1:39 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: delayed cancer diagnosis

You amy have a case. In order to determine whether you have a case or not you need to have an attorney who has access to an oncological (cancer physician) expert The expert will determine whether your doctor met the applicable standard of care. I have handled several failure to diagnose and delayed diagnosis claims and have onocological experts who can evaluate your claim. Please contact my office and we can discuss your case.

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Answered on 4/05/08, 6:34 pm


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