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Failure to Diagnose Cancer Leads to New York Lawsuit

A man who has been diagnosed with terminal cancer has filed a lawsuit, alleging his physicians’ failure to diagnose cancer led to his dire prognosis. The New York Daily News reports that Broadway stagehand Edwin Ackerman has filed a lawsuit, claiming he is now in the final stages of lung cancer because his doctors failed to make an accurate diagnosis in 2010. Ackerman said he first went to his physician with symptoms in April, 2010, but it was not until September, 2012, that physicians told Ackerman he had lung cancer.

If you or a loved one has suffered injury or death due to a doctor’s misdiagnosis, you may be entitled to significant compensation to cover your medical and other expenses. Qualified New York medical malpractice lawyers can advise you as to your legal rights. If a doctor or other hospital staff member made a crucial error during your or your loved one’s care, it is only right that they be held responsible for their mistake. That’s justice. That’s the commitment that The Sanders Firm clients receive every day.

Misdiagnosis leads to devastating news for plaintiff

By the time of the diagnosis, Ackerman’s tumor measured nine centimeters, and had metastasized to his brain and other organs of his body. Although doctors operated promptly to remove the lung tumor, his prognosis is “grave,” and it is doubtful Ackerman will even live long enough to see the results of his lawsuit. His doctors also gave him the tragic news that if his cancer had been diagnosed two years prior, he would have had a survival rate of 70 percent.

Ackerman originally visited the NYU Langone Trinity Center in 2010 because he was suffering from a chronic cough that produced small amounts of blood. At the time, a chest x-ray was taken, and the physician who examined Ackerman told him the x-ray was “normal” and diagnosed him with hemoptysis, a condition characterized by coughing up blood, which can also indicate a more serious medical condition. A more thorough medical examination is typically recommended with this diagnosis, unless it can be definitively linked to bronchitis.

Malpractice continues for two years

In Ackerman’s case, no further tests were prescribed beyond the first chest x-ray. Although the physician told him that initial x-ray was normal, a different doctor checking that film two years later could see a lesion on the lung that measured between one and two centimeters. The lesion was missed at the time the x-ray was first taken.

Over the next two years, Ackerman continued to seek medical attention for similar symptoms that never went away. The doctors who examined Ackerman during that time never ordered another chest x-ray or CAT scan, according to Ackerman’s failure to diagnose cancer lawsuit. It was not until last fall that cancer was the diagnosis, and by that time, the tumor was too big to effectively treat. In addition, the cancer had spread to other areas of the body, leaving Ackerman with a irreversible prognosis and few medical options.

A cancer misdiagnosis is one of the most tragic types of doctor negligence. Many cancers are very treatable during their early stages, but become significantly more challenging to effectively eliminate when they are more advanced. A failure to diagnose cancer can tragically be a death sentence for for some patients.

Ackerman would leave behind four children if he succumbs to his cancer, as doctors expect he will. Although his children are grown, Ackerman’s girlfriend has also filed a lawsuit on Ackerman’s behalf to pursue compensation for his misdiagnosis and subsequent pain and suffering.

Getting legal help for misdiagnosis claims

If you have been injured by a misdiagnosis of a serious condition, there is legal help available. The Sanders Firm has decades of experience helping those who have been victims of malpractice, negligence, and misdiagnosis get the legal compensation they deserve. Our attorney team serves residents of Long Island, Staten Island, Queens, the Bronx, Brooklyn, and Manhattan.

Misdiagnosis cases can be complicated in New York, especially in regard to statute of limitations laws. It is important to enlist the help of an experienced legal team as soon as possible if you have been the victim of malpractice. Contact The Sanders Firm today for a free legal consultation.