Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Delay to Treat or Failure to Diagnose a Medical Condition

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NYC Medical Malpractice Attorney Jeff BloomOur NY personal injury law firm is proud to announce that our partner Jeffrey B. Bloom obtained a $3,450,000 jury verdict in Dutchess County, NY in a medical malpractice trial involving a 33-year-old man who now has limited function of his non dominant hand despite several surgeries. After a two-week trial held in Supreme Court Dutchess County before the Hon. Christi J. Acker, the jury of 3 men and 3 women reached their verdict after only two hours of deliberations.

Failure to diagnose and timely treat compartment syndrome

On August 14, 2019, during a routine bicep surgery, the defendant orthopedic surgeon lacerated the brachial artery. Said injury went unrecognized at surgery leading to compartment syndrome in his arm. There was a delay of over the next 48 hours in recognizing the injury despite complaints by our client of excruciating pain. By the time the compartment syndrome was recognized, our client suffered significant muscle and nerve damage to his forearm. As a result, he underwent an emergency fasciotomy, followed by several other operations.

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melanoma_growth_over_14_monthsMay is recognized as Skin Cancer Awareness Month. It is a crucial time to educate and inform the public about the prevalence, risk factors, and early detection of skin cancer. By increasing awareness, we aim to encourage individuals to take proactive steps to protect their skin and seek prompt medical attention when necessary. However, even with increased awareness, misdiagnoses can occur, leading to delayed or inappropriate treatment.

There are several types of skin cancer misdiagnosis:

  • Basal Cell Carcinoma (BCC) Misdiagnosis: Basal cell carcinoma is the most common type of skin cancer. Unfortunately, it can be misdiagnosed as a benign condition such as a cyst or a harmless skin lesion. Due to the potential for misdiagnosis, patients might not receive the timely treatment they need.
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mammograms can prevent breast cancerBreast cancer is a significant health concern for women, and early detection and diagnosis are critical for successful treatment. Unfortunately, misdiagnosis of breast cancer can occur, leading to delayed treatment and potentially worse outcomes. This is especially true for women under the age of 50, particularly black women, who are at a higher risk of misdiagnosis and delayed diagnosis.

Alarmed by an increase in breast cancer diagnoses among younger women and persistently high death rates among Black women in particular, the U.S. Preventive Services Task Force has offered a stark revision to the standard medical advice on mammograms

In the past, women of all racial and ethnic backgrounds who were at average risk for breast cancer were advised to start getting regular mammograms at age 50, instead of treating it as an individual decision until they reached that age. However, the task force now recommends that women should begin screening at the age of 40 to help detect breast cancer earlier. This comes as breast cancer diagnoses are on the rise among younger women and mortality rates among Black women remain persistently high.

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Failure to diagnose skin cancer can be fatalSkin cancer is the most common cancer in the US with more than 5 million Americans diagnosed every year.  Skin cancer, if detected early, can be cured. 90% of patients diagnosed with skin cancer get cured.

Failure to diagnose skin cancer can be fatal and like all cancers, early detection is key. The good news is that unlike other types of cancer, skin cancer is visible and early detection starts with you. Doctors recommend a self-exam every month.

How to screen yourself for skin cancer?

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doctor-and-x-rayMissed and delayed diagnoses are common medical errors that can lead to serious injury and death. This morning the Daily Mail wrote about an 11 year old boy who died from severe bowel obstruction after a doctor misdiagnosed him with constipation and sent him back home. The doctor neglected to send him for an X-ray despite symptoms consistent with bowel obstruction.
Failure to diagnose or delay to diagnose a medical condition occur so often that the ECRI institute ranked this type of medical malpractice its number one concern out of its Top 10 Patients Safety Concern in 2020.

In the US it is estimated that 12 million adults or 1 out of 20 patients are misdiagnosed every year

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Only one Manhattan acute care hospital obtained a Top A grade in the Spring 2018 Leapfrog Hospital Safety Grades: the NYC Health Hospitals –  Metropolitan in East Harlem.

Most of the others, NYU Langone Medical Center, NYC Health + Hospitals / Bellevue, Mount Sinai West, New York-Presbyterian , Northwell Health System – Lenox Hill Hospital, The Mount Sinai Hospital, NYC Health + Hospitals – Harlem and Mount Sinai St. Luke’s all obtained a C. Mount Sinai Beth Israel had the worst Manhattan score with a D on a scale of A for the best to F for the worst.

The Leapfrog Hospital Safety Grades is a nationwide bi-annual rating that focuses on acute care hospital errors, accidents, injuries and infections that collectively are the third leading cause of death in the United States. Based on the data provided by the report here is what we found for Manhattan hospitals.

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More than twenty years ago, a medication was developed that can save lives and reduce the disabling impacts of a stroke. Known as tissue plasminogen activator (or “T.P.A.”), this medication is now considered the gold standard for the treatment of ischemic strokes by the American Stroke Association.

Generally speaking, there are two types of strokes that can occur—ischemic stroke or hemorrhagic stroke. An ischemic stroke occurs when there is an obstruction to one of the vessels that supplies blood to the brain. A hemorrhagic stroke occurs when a blood vessel ruptures and bleeds into the area surrounding the brain. T.P.A. can only be used to treat ischemic strokes. When timely used to treat an ischemic stroke, it can be a brain-saving treatment.

RECENT STUDIES SHOW TPA CAN PREVENT BRAIN INJURY AFTER A STROKE BUT SKEPTICS SAY TPA IS DANGEROUS

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Small_cell_carcinoma_of_the_ovary_hypercalcemic_type_-_low_magIn 2011, Oriana Sousa, a Portuguese psychologist who is now 28 year-old was diagnosed with a rare form of ovarian cancer. When the symptoms started doctors initially failed to diagnose the cancer. For several months Oriana suffered from frequent constipation and fatigue. She was also thirsty all the time. Then she started to have terrible abdominal pain and began vomiting. Her doctor told her she was fine and she shouldn’t worry. Her aunt who is a nurse recommended that she see visit another doctor. The new doctor performed a CT scan and found a massive tumor. Oriana was diagnosed  with a very rare, aggressive and fatal form of ovarian cancer.

Immunotherapy shrank the tumor to the surprise of the doctors

During several years Oriana went through surgery, chemotherapy and radiotherapy to try to eradicate the tumor however new tumors would grow back. Then Oriana convinced her doctor to give her nivolumab, an immunotherapy drug that was not supposed to be used on her tumor. The tumor reacted immediately and shrank. As she continued to take the drug the tumor shrank to the point that she has no more evidence of the disease. Now doctors and researchers are trying to figure out why they were wrong.

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African American Patient with DoctorsMedical Malpractice may have been committed on many American Africans who were previously diagnosed with hypertrophic cardiomyopathy.  A recent study found that some genetic variations that were linked to this condition were indeed harmless. These specific genetic variations were found more often in black Americans than in white Americans. Therefore many patients from African descent may have been misdiagnosed or are still being treated for a condition they don’t suffer from.

Also called, abnormally thick heart muscle, hypertrophic cardiomyopathy is a genetic disease that affects 1 out of 500 Americans. The disorder can cause arrhythmia and can be fatal. Symptoms may include chest pain, difficulty, breathing, fatigue and swelling in the ankles and feet. For a complete list and diagnostic testing see The American Heart Association web site. Sometimes there are no symptoms.

Abnormally thick heart muscle is diagnosed through genetic testing. A patient who tests positive for  the condition will often be required to change his or her lifestyle. These changes may include healthy diet, additional physical activities, losing excessive weight or stopping smoking. Patients diagnosed with hypertrophic cardiomyopathy  are often prescribed specific medication to treat the condition.  Various types of surgeries are also commonly used as well as  alcohol septal ablation, a noninvasive procedure.

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alcohol withdrawal symptoms vary depending on the level of addictionFailure to diagnose alcohol withdrawal symptom (AWS) can be medical malpractice that may cause severe injury or even death in some cases. The ECRI Institute  is looking at options to  better “Identify Alcohol Withdrawal Symptoms Early and Ease Patients’ Care”.

An estimated 20 % of the patients that are admitted in US hospitals show symptoms of alcohol abuse or dependence. Those that are admitted for alcohol poisoning and detoxification may be difficult to treat but their alcohol withdrawal symptoms will usually be properly diagnosed and addressed.

Patients at a higher higher risk to be misdiagnosed for alcohol withdrawal symptoms are those who are admitted for a different medical condition than alcohol intoxication or dependence.

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