Failure To Diagnose Lung Cancer - The Ten Most Imporant
Things Your Lawyer Needs To Know
Lung cancer is deadly. The earlier you
diagnose and treat it, the better off you'll be- hopefully.
Depending upon the type of cancer and
when it's diagnosed will determine your treatment options
and survivability. Believe it or not, you don't have to
smoke to get lung cancer. There's second hand smoke, there's
carcinogen's in our environment, and our work environments
may have something to do with it.
As a lawyer, when a client comes to me
wondering if their lung cancer could have been detected
earlier, I need to know the following important answers:
1. Were you under the care of an internist,
or any physician, during the time you believe you should
have been diagnosed?
2. Did you make any complaints to your
doctor that should have warranted a chest x-ray?
3. Does anyone in your family have a
history of cancer, especially lung cancer?
4. What type of lung cancer were you
diagnosed with?
5. What stage of lung cancer were you
diagnosed with?
(The stages are typically from Stage 0 to Stage IV, with
IV being the most severe and deadly.)
6. How much time went by from when you
believe you should have been diagnosed, until the actual
diagnosis was made?
7. Did you ask your treating cancer specialist
(an oncologist) if your outcome would be different if the
cancer had been detected 'x' years ago?
(This is very important, since different types of cancer
have different growth patterns. Some are slow growing, and
some are fast growing. If you have a slow growing tumor,
and had made complaints that suggested the need for further
follow-up and x-rays, you might have the basis for a case.)
8. What is your prognosis? (What do the
doctors think about your survivability and the treatment
still available to you?
9. Are you a smoker?
10. What type of cancer have you been
diagnosed with?
Then, with all of that information, I
must obtain your medical records, x-rays, CAT scans, and
other information, and have a medical expert (preferrably
a pulmonary specialist) review your records.
This expert will determine whether the
standards of care in New York were breached, and if so,
whether those departures from good care caused and contributed
to your injuries. All of those elements must be present
in order to start a lawsuit on your behalf. If any one of
those elements is missing, it is impossible to prosecute
a case for you.
About The Author:
Attorney Gerry Oginski has been in practice
for 17 years as a trial lawyer practicing exclusively in
the State of New York. Having his own law firm, he is able
to provide the utmost in personalized, individualized attention
to each and every client. In our office, a client is not
a file number. Client's are always treated with the respect
they deserve and expect from a professional. Mr. Oginski
is always aware of every aspect of a client's case from
start to finish.
Gerry represents injured people in injury
cases and medical malpractice matters in Brooklyn, Queens,
New York City, the Bronx, Staten Island, Nassau and Suffolk
Counties. You can reach him at http://www.oginski-law.com,
or 516-487-8207. All inquiries are free and totally confidential.
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