New York Injury News

A doctor’s failure to detect ovarian cancer

“Judy” became concerned about persistent dizziness. She proceeds to seek medical attention from a medical office in Brooklyn, where they did blood and lab work. A few months later, Judy returned to the same medical group with complaints of digestive problems and abdominal pain. Again blood was taken and lab tests performed. Another few months passed and she returned to the same medical group with the same symptoms and in addition to those complaints, she has serious bloating and her menstrual cycle ceased. Yet again blood samples were taken and lab tests performed.

It is shocking that despite these three visits over this five-month period, it was never noticed by any of the doctors that not only did Judy’s blood count show anemia, but that over time, her hemoglobin levels dropped consistently all signs that a cancer may be developing. Since her doctors could find nothing wrong, Judy was told no follow up was necessary and so she just learned to live with the pain. It wasn’t until November of the next year that the discomfort in Judy’s abdomen developed into acute pain and thus her doctors finally ordered an MRI. A large mass was found which was ovarian cancer.

At the trial of her medical malpractice case for failing to detect the cancer, the attorney for the defendant doctors suggested that ovarian cancer is very rare and is usually diagnosed in an advanced stage when there is little, if anything, that could be done to treat the cancer. However, Judy’s trial lawyer insisted that there was no denying that Judy’s symptoms told a clear story that something was very wrong. It was claimed that it was a departure from good and accepted medical practice on the part of the doctors for failing to follow up and aggressively investigate Judy’s seriously worsening anemia and other symptoms – all of which could have led to an earlier diagnosis of cancer which would have increased her chances for a cure.

The trial resulted in a substantial recovery for Judy who would gladly give it all back if she didn’t have to endure radiation, chemotherapy, a full hysterectomy and all the attendant pain and suffering. She also lives today with the awareness that because of the delay in diagnosing her condition, she has a 40% chance of survival.

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