NEW YORK CANCER MALPRACTICE LAWY

NEW YORK CANCER MALPRACTICE LAWYER

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In a cancer malpractice case, the plaintiff must show, 1) a deviation from the standards of reasonable care, and 2) that the deviation was a contributing cause of his injury.

LUNG CANCER MALPRACTICE LIABILITY

Internists, radiologists are primary defendants in lung cancer cases. An internist may fail to order appropriate test or follow-up a suspicious nodule. Note, however, that the failure to order a chest-xray as a part of screening of high-risk individuals is probably not malpractice, since it has not been recommended by mainstream medical organizations. The degree of error may approach 25% on x-rays with small nodules sometimes misinterpreted. Radiologist should recommend Ct followup where x-rays are unclear but most do not.

CANCER MALPRACTICE LIABILITY

Failure to followup testing is a typical cause of malpractice claims. The physician who fails to follow up on suspicious cytology or other testing may be liable. Medical record review may show that a suspicious chest-x-ray was overlooked and no followup ordered.

PROXIMATE CAUSE IN CANCER MALPRACTICE CLAIMS.

Plaintiff must also show that the delay in diagnosis within reasonable medical probability adversely affected the patients. Thus claims involving small delays of 3-6 months are unlikely to be filed. Instead, typically, the plaintiff will show a difference in stage and therefore treatment options and survival based upon the delay.

QUALIFICATIONS AND EXPERIENCE OF THIS LAW OFFICE

Howard A. Gutman has written the book Lung Cancer and Mesothelioma, now entering its second edition. This 450 page book review lung cancer treatments by stage, new development in cancer therapy, side effects of treatments, and legal and insurance issues. He has also written articles in various legal publications such as New Jersey Law Journal on the handling of lung cancer liability claims.

Prior to establishing his practice, Mr. Gutman was employed by one of the leading law firms in New Jersey and a prominent international law firm located in the Wall Street area. He has appeared on Good Day New Jersey been interviewed by NBC Nightly News and Newsday, and his cases have been profiled in the Star Ledger, Bureau of National Affairs Magazine, and New York Times.

HOW DO I CONTACT YOU

Law Offices of Howard A. Gutman,
230 Route 206, Mount Olive, New Jersey 07054
(973) 598-1980, E-mail Howian@aol.com
Fax (973) 598-1982

New York Office
305 Madison Avenue, Suite 449
New York , New York 10165 (212) 886-4838

FREE INITIAL CONSULTATION

We offer a free initial telephone consultation to discuss your lung cancer malpractice claim. Please feel free to call or e-mail our office.

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