Legal Question in Medical Malpractice in New York

delayed cancer dagnosis

Do I have a case? My doctor evaluated a growth I had as benign and since 2004, he kept telling me that, although there is a risk, he wouldn't recommend a surgery. Last year, he suggested less frequent evaluations. This year he stated that, although it didn't grow, he recommended the surgery, not urgently. I went for a second opinion to a different doctor. After multiple tests and a surgery, it turned out to be a Stage 3 cancer, requiring further evaluation and treatment. I am unemployed and so far was very actively looking for work. My medical coverage is under COBRA.


Asked on 4/05/08, 11:17 am

3 Answers from Attorneys
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: delayed cancer dagnosis

I am very familiar with your type of case. I will be happy to discuss it with you asap. Please e-mail me in private.

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Answered on 4/05/08, 11:56 am
Pasquale Calcagno Calcagno & Associates, PLLC

Re: delayed cancer dagnosis

Thank you for contacting me a second time. I would be happy to help you through this terrible time in your life and make the doctor and/or hospital pay for what they have done to you. You probably have a case. It appears that you could get over at least one of the difficult hurdles in a medical malpractice claim, i.e., the continuous treatment issue. I would still need more information from you to determine whether our law firm would take your case as medical malpractice cases are complex, fact sensitive and costly to litigate. Call me, Pasquale Calcagno, Esq. of Calcagno & Associates for a free consultation anytime at 1(800)WE-FIGHT and again feel free to visit our website for helpful information on your claim at www.1800wefight.com. Please note we have convenient locations in all five boroughs to meet with you or upon request we can have a lawyer come to you. Do not delay your statute of limitations (the time you have to file your claim) is potentially expiring soon and this would prevent you from filing your case and getting the money you deserve.

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Answered on 4/05/08, 1:49 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: delayed cancer dagnosis

You may have a case. Failure to timely diagnose cancer can lead to the cancer spreading and can cause death. The question is whether your doctor did a timely referral to an oncologist or if your doctor was an oncologist did he/she perform the correct diagnostic studies or biopsy the growth in a timely manner. I suggest that you contact my office so that we can speak about your case in greater detail.

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Answered on 4/05/08, 5:43 pm


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