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Bronx Personal Injury & Real Estate Blog

Friday, December 20, 2019

Misdiagnosing Cancer

Q: Is misdiagnosing cancer grounds for a lawsuit?

New York City personal injury attorneys help clients who’ve suffered serious physical and/or psychological injuries as a result of someone else’s negligent, reckless, or intentional actions.

What leads to a personal injury lawsuit?

Common factors in a personal injury action may include:

  • a victim with serious physical and/or psychological injuries
  • a person or entity whose negligent actions (or failures to act) directly resulted in the victim’s injury
  • a person or entity whose reckless actions caused the victim’s injury
  • a person or entity who caused the victim’s injury by acting with malicious intent to harm (which usually involves criminal charges in addition to a civil monetary lawsuit) product liability cases where injuries result from dangerous or defective products or products without adequate instructions or safety warnings.

Two of the best-known scenarios that lead to personal injury lawsuits are motor vehicle accidents and medical malpractice cases.

Former Chief Pathologist Arrested for Involuntary Manslaughter

A former chief pathologist at a veteran’s hospital —who had been briefly suspended in 2016 for being intoxicated on the job— was arrested in connection with the deaths of three patients and was charged with “involuntary manslaughter, fraud and making false statements”.

After being reinstated, the doctor allegedly kept drinking and on about a dozen occasions “dodged random drug and alcohol tests by drinking a concoction of methyl and butanol that wouldn’t show up on the tests”.

After catching him in 2018, an extensive investigation was launched examining the nearly 34,000 cases he handled during his tenure with the VA and which uncovered over “3000 errors, missed diagnosis, or irregularities”.

Among other things, prosecutors claim he misdiagnosed a patient as cancer-free after a biopsy for prostate cancer which the patient then died from, falsified veterans’ medical records, forged other doctors’ signatures, and lied to investigators.

In addition to criminal charges and depending on the particular circumstances of each case, the doctor may potentially face personal injury or wrongful death lawsuits for money damages by victims or, in the case of those who died, their closest surviving family members.

Contact the Law Office of Ryan S. Goldstein Today

If you or a loved one has been injured or misdiagnosed by a doctor, hospital, or other medical personnel, the Law Office of Ryan S. Goldstein can help you. Contact us today for a free consultation.

From our office in the Bronx, New York, we represent injured victims and their families throughout New York City and New York State as well as those injured while visiting New York.


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