New York Personal Injury Attorneys
$1.2 Million Settlement For Eye Cancer Diagnosis Delay
A settlement in the sum of $1.2 million was achieved for our client who needlessly suffered a delay in the diagnosis of eye cancer because of a medical office error. The 50-year-old woman came under the care of an ophthalmologist when she discovered a growth in her eye. The ophthalmologist recommended that she undergo surgery to remove the growth and to have it pathologically evaluated to identify the nature of the growth.
Despite multiple follow-up visits to this same doctor after the surgery was performed, our client was never told that the results of the biopsy on the eye growth indicated cancer. Instead, our client was told the nature of the growth was an allergic and inflammatory reaction. She was recommended to use over-the-counter rewetting drops and to avoid sleeping next to her puppies. Almost two years later, the growth suddenly returned and was much larger.
She immediately sought care from a different ophthalmologist who requested her prior biopsy results. Upon obtaining these reports, it was clear that her prior biopsy results diagnosed eye cancer, which she was never informed existed.
Extensive surgery was performed followed by cryotherapy and long-term interferon treatment into the eye.
Our law office investigated this claim and retained medical experts who supported not only that there was a clear failure on the part of the defendant ophthalmologist to inform our client of the diagnosis of cancer and to recommend immediate treatment, but also that the delay in diagnosis resulted in the recurrence of cancer with a much larger and extensive tumor.
During the litigation, the defendant ophthalmologist claimed that the biopsy report was not yet received as of the date of the last visit with the patient. The doctor further claimed that it was the patient’s fault for not returning for further follow-up visits, and that had she done so, the biopsy report would have been obtained and the results appropriately reported to her.
However, our investigation into the doctor’s electronic medical records demonstrated the timing of the receipt of the biopsy report and that the office’s procedures were not followed as this report was filed away without ever being reviewed by the doctor. Our investigation also proved that the report was available and present in the doctor’s office at the time of her visits to the office. Shortly after this discovery, a settlement totaling $1.2 million was reached to compensate our client for her personal injuries.
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