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New York Personal Injury Attorneys

Can I File a Lawsuit for a Breast Cancer Misdiagnosis in New York?

November 24, 2020 in

If you are a New York resident and a victim of breast cancer misdiagnosis where your medical physician failed to accurately or promptly diagnose your condition, you may be eligible to file a lawsuit in the state of New York. Below, firm Partner and leader in medical malpractice litigation, Elizabeth Montesano, explains the process for filing a breast cancer misdiagnosis lawsuit in New York.


How Many Women Are Diagnosed with Breast Cancer Each Year?


Women in the U.S. have a 1 in 8 chance of developing breast cancer in their lifetimes. According to Cancer.Net, more women are diagnosed with breast cancer than any other type of cancer, besides skin cancer, and this year, there are over 276,000 women in the United States estimated to be diagnosed with invasive breast cancer. That total does not include the number of women whose breast cancer may be entirely missed, or misdiagnosed, by their physician.


How Often Does Medical Error Occur?


According to a study published in the National Library of Medicine, medical error is the leading cause of preventable death in the United States. Medical error can include missing or misdiagnosing health conditions, creating an avoidable delay in treatment, administering medication incorrectly and more. 

It is the unfortunate truth that the failure to timely diagnose breast cancer is one of the most common types of medical malpractice claims. Examples of medical error in breast cancer misdiagnosis claims include the failure to investigate a breast lump, failure to order an ultrasound or biopsy, or failure to perform a mammogram. Even if these tests were indeed ordered, failure to properly read a mammogram, biopsy or ultrasound can be considered a medical error and can be grounds for a lawsuit.

Many women have suffered from the event of their cancer worsening after their physician fails to follow up in a timely manner or fails to refer the patient to a proper specialist or breast cancer surgeon in a timely manner.


How Do I Know If I Have a Case?


If you or a loved one’s medical physician failed to accurately diagnose your breast cancer, discuss your unique situation with a dedicated medical malpractice attorney at our firm—our skilled team will review the facts associated with your case to determine if a medical error did in fact occur. Our team will fight for you in court to prove that your physician failing to properly diagnose your cancer was a medical error and that you deserve just compensation for your pain and suffering. If you are a victim of a medical error at the hands of a physician who did not correctly diagnose your breast cancer, and your condition has since worsened, do not wait—contact the medical malpractice attorneys at Sullivan Papain Block McGrath Coffinas & Cannavo so we can promptly review your case. Call (212)-732-9000 today.


About the Author: Elizabeth Montesano


Elizabeth Montesano, a member of the firm, is a vigorous advocate on behalf of people injured due to medical malpractice. Ms. Montesano has a deep commitment, compassion and dedication to her clients who have been victims of medical malpractice and suffered grave injuries due to carelessness and negligence. Her legal skills and experience have helped her clients achieve many multimillion-dollar settlements. To learn more about firm partner Elizabeth Montesano, click here.

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