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Welcome! And thank you for joining me I am Gerry Oginski in New York Medical Malpractice and personal injury trial lawyer practicing law here in the state of New York. Today is topic is “The Straight Truth” about failure to diagnose cancer cases in New York. Here is what your attorney needs to know when evaluating a failure to diagnose cancer case.
Number one, when were you or your love one diagnose with cancer? Number two, when had you last had any diagnostic imaging tests such as an X-Ray, CAT-Scan or an MRI? That will be very important to know when you had last been evaluated. Number three, what complains of problems did you or your family member complain of to your doctor and when in other words did the doctor failed to recognize and pick up on the fact that they were problems that should had been further investigated and you also want to know whether there was blood work done. Why is this important? It is important because the attorney must now put the pieces of the puzzle together to find out the number of things.
They need to find out whether there was evidence of a problem that the doctor failed to pick up on. They need to find out whether the imaging tests and studies that were performed were improperly read. They need to know what type of cancer you are suffering from. Is it a fast grown tumor, is it slows growing. What stage is the cancer at, is it Stage II where it could be treated and then maybe operable? Is it Stage IV where it has metastasized and spread to the rest of your body? What is your prognosis? What is the likelihood that you will get better? What type of treatment are you receiving? Are you getting chemotherapy? Are you getting radiation therapy? Are you having surgery to try and treat it?
The question always that an attorney needs to know when evaluating a failure to diagnose cancer case is: If the condition had been detected when there was evidence of it a year or two or maybe even earlier. What stage would it have been in at that time? And what treatment would you have been eligible for and been able to receive if it had been detected a year or two earlier. If you suspect that you or your love one had been a victim of a failure to diagnose cancer. The best person for you to speak to would be your treating oncologist. That is the doctor who treats condition involving cancer, whether it is by chemotherapy or radiation therapy or something called palliative therapy. Therapy to try and make you feel better even though it cannot treat the cancer and the questions you should be asking to your oncologist are: If treated earlier would it have made a difference in the outcome? Were the treatment be any different if this have been detective earlier and obviously with all types of cancers the sooner it is recognize and treated that better the chances you have for survival. And obviously, you need to asks the oncologist what would you have been your chances of survival had this been detected earlier. And you want to know what the recurrence rates are. So if even if it was detected years earlier and treated years earlier, what is the chance of this tumor could come back at the later time.
And with that information you will be better informed and better able to discuss with the attorney whether or not you have a possible valid case. And I want to thank you for joining me. That is it for today’s Straight Truth about failure to diagnose cancer cases here in State of New York. I am Gerry Oginski, have a great day!
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