$I Billion for Injured New Yorkers
Our Results
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
Rosenberg, Minc, Falkoff & Wolff, LLP
Experienced & Trusted Medical Malpractice Lawyers
Call today for a Free Consultation
Serving the greater NYC Area: Manhattan, Brooklyn, Queens, Bronx & Staten Island

Failure to Diagnose Cancer Early

Here is a scenario where the doctor has failed to diagnose lung cancer in a timely manner. After filing a medical malpractice case, the plaintiff's lawyer has a chance to question the doctor during a pre-trail question and answer session known as a deposition. The lawyer will try to focus on key areas by asking how the treatment would have been different if the lung cancer was diagnosed earlier in time.

Typical Questions Asked by the Patient's Attorney during Deposition

The questions asked by the plaintiff's lawyer would be:

· Doctor at this point in time has my client been diagnosed with stage 4 metastatic lung cancer

· Is this cancer the most severe type of advanced lung cancer?

· Does it mean the cancer has spread beyond the lungs and the prognosis is very dim?

· Isn't it true my client has very limited life expectancy?

· If my client had been diagnosed earlier when his cancer was stage one, wouldn't you agree that his prognosis would have been significantly better than what it is now.

· Isn't it true doctor that for level one cancer there are different treatment option or modalities that can be used for treating the patient and for eliminating the cancer?

· Isn't one of the treatment options, surgical excision where the cancerous area is removed from the body

· Isn't it true that in stage one cancer, the affected area is typically localized to a part of the lung?

· Isn't it true that when the patient is treated during stage one, there is much better prognosis compared to a patient diagnosed with stage 3 or 4.

· Isn't it also true that a patient diagnosed with stage one lung cancer will not need chemotherapy for treating the condition, and a surgical removal would usually suffice?

Doctor's Pre-Trial Testimony can be Presented before the Jury

The doctor now will most probably start arguing about the different types of cancers, and the necessity of chemotherapy or radiation therapy. However, the bottom line is the plaintiff's lawyer will ask the doctor key questions about how the treatment would be different if the cancer was diagnosed earlier. This information is important because the plaintiff's lawyer can show it to the jury later on during the trial.

The lawyer can tell the jury that the doctor had agreed during deposition that if the cancer was diagnosed earlier during stage one, the treatment would have been very different, and the prognosis would have been much brighter. In fact, the patient would not even have to undergo chemotherapy or radiation therapy, which has severe side effects. A surgical procedure could have removed the cancerous part of the lung, and the patient would have been cured of the cancer.

The plaintiff's lawyer will devise a questioning strategy for deposition where he will get the doctor to agree about better prognosis and different treatment if the cancer was diagnosed early. The doctor will have no other option but to agree with the lawyer and this testimony is vital to present to the jury later during the trial.

No Comments

Leave a comment
Comment Information

Learn About Medical Malpractice Cases in NYC

Watch all videos »

Listen to our clients

Watch all videos »

Case of the month

$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

Medical Malpractice Blog

$25 million verdict against New York Methodist Hospital
When a child is born, parents expect the doctor, nurses and other staff to provide care that is up to the...
Read This Malpractice Post

Experienced & Trusted medical malpractice lawyers

  • Top Lawyers 2016
  • Litigator Awards
  • Verdicts and Settlement Hall of Fame
  • BBB Accredited Business | A+
  • Avvo Rating 10.0 Superb | Top Attorney Medical Malpractice
  • Rated By Super Lawyers | Daniel C. Minc | 5 years
Call 1-866-516-5887 or email us to set up your free, confidential consultation. Our experience can make a difference for you.

Office Locations - Call today to schedule a consultation 1-866-516-5887

16 Court Street
Brooklyn, NY 11241

Brooklyn Law Office

3101 Broadway
Astoria, NY 11106

Astoria Law Office

8900 Sutphin Blvd
Suite 501
Queens, NY 11435

Queens Law Office

9201 4th Ave
Brooklyn, NY 11209

Brooklyn Law Office

Firm News

Robert H. Wolff Named President
Firm Attorney, Robert H. Wolff is now the president of the New York City Bronx County Bar Association
About This Attorney

Back to Top