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 Tagged with failure to diagnose cancer

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“ Lissy McMahon’s sister, the executrix of her Estate made this video to express her appreciation for the NY Legislature passing Laverne’s Law. Our partner, New York Medical Malpractice Attorney Jeffrey Bloom has been relentlessly pushing for Lavern’s Law to pass. He is the co-chair of the Medical Malpractice Committee of the New York State Trial lawyers Association and co-chair of LawPAC of New York-the political action committee of the Trial Lawyers.  Recently, the New York State Legislature passed Lavern’s Law.  Jeff represented Lissy McMahon, a single mother who discovered that doctors misdiagnosed her cancer after the statute of limitations had passed.  Jeff and Lissy fought together to help pass Lavern’s Law. Unfortunately, Lissy passed away before the law was passed leaving behind her 4 year old son Jack.  Jeff now represents her estate.

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In New York the statute of limitations for medical malpractice starts from the time the medical error occurred. Assemblywoman Helene Weinstein (D-Brooklyn) is sponsoring a bill that would start the statute of limitations from the time the medical error is discovered instead of the the time it occurred. The bill, named after Lavern Wilkinson, a mother who died of a curable form of lung cancer after doctors misdiagnosed her (see previous blog), has 38 Senate Sponsors , both Republican and Democrats according to Assemblywoman Weinstein. This is enough to pass as long as the Senate decides to take the bill to a vote this year. The time is ticking on the bill as there is only one week left before the session ends. Read more in New York CBS Local.

Our partner, New York Medical Malpractice Attorney Jeffrey Bloom is strongly supporting the bill. Jeff is representing Lissy MacMahon, a single mother of a 15 year old son who was recently diagnosed with stage 4 cancer. Lissy had a previous surgery in 2012 in a New York Hospital. At the time of the surgery, doctors failed to diagnose her cancer. When she visited our office, Lissy learned that she was unable to sue because the statute of limitations had passed despite the fact that she had just learned about her cancer.  Lavern’s Law if it passed would allow Lissy to commence her lawsuit and make sure she and her son are taken care of.  Jeff traveled to Albany to support Lissy and many others who could benefit from the passage of this law. Below is a video of Lissy that will be shown to all New York State legislators.

https://www.youtube.com/watch?v=Ot9MSGkcLbw

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jbOur partner, New York Medical Malpractice Attorney Jeff Bloom is helping our client Elissa McMahon in her crusade to get Lavern’s law passed (see previous post).  After she discovered that doctors in a New York hospital failed to diagnose cancer, Elissa McMahon was unable to bring a lawsuit because the statute of limitations had passed. In New York the statute of limitations for victims of medical malpractice starts at the time of the occurrence of the medical error. Lavern’s Law is a proposal to have the statute of limitations start at the time of the discovery of the error. This law would allow patients like our client, Elissa McMahon, to bring a lawsuit against the hospital which failed to diagnose her cancer. Most States in the US have similar laws. New York State is one of only six States to start the statute of limitations at the time of the occurrence of the error. Talking about Elissa McMahon’s case, Jeffrey Bloom told the NY Daily News “How could she possibly not have a right to bring a lawsuit when the statute of limitations ran (out) before she even knew she was sick?”

In 2012 Elissa McMahon went to Lenox Hill Hospital in New York City for a fibroid removal. At the time of the surgery, pathology slides from Lenox Hill Hospital clearly indicated that the patient had cancer but doctors failed to diagnose it. Two years later she went to a doctor after suffering from severe back pain. She was diagnosed with stage 4 cancer. 6 months later she consulted with our firm and discovered that the statute of limitations had passed and that she was unable to sue. Our partner Jeffrey Bloom is now helping Elissa McMahon in her battle to change the law and get justice. If the law goes through in the next session Elissa McMahon, a 46 year old single mother of a teenage son, will be able to bring a lawsuit. If it doesn’t pass this session she will have to wait until next year. She has stage 4 metastatic cancer and told the News “Even if my son can’t benefit from this, there are other people in similar situations.”

Below is a video of Elissa McMahon in which she discusses her tragic situation with Jeffrey Bloom. Jeff traveled to Albany in support of Elissa and others in her situation to push for the passage of Lavern’s Law. It is a travesty that the Republican’s in the legislature have been blocking this law.

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Recalls of patients after a mammogram have an occurrence rate of 12%. It is a very stressful experience for the patient and it adds to diagnostic costs. With tomosynthesis the recall rate can be reduced from 12% to 8% but the breast cancer detection rate doesn’t change significantly according to a new study lead by Dr. Brian Haas and Dr. Liane E. Philpotts, diagnostic radiology department of Yale University School of Medicine in New Haven, Connecticut, and published in the Journal Radiology.

Tomosynthesis allows for three-dimensional (3-D) reconstruction of the breast tissue. Screening is more accurate because superimposed and overlapping tissue can be removed from the view. The study also indicates that women younger than 50 years old and women with dense breasts are benefiting the most from tomosynthesis.