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The following is a case summary as reported in The New York Jury Verdict Reporter, the leading reporter of verdicts and settlements of cases in New York State.
$1,000,000.00 Medical Malpractice Case
This case arose as a result of a doctor failing to diagnose cancer, or to make a timely referral to another doctor for the diagnosis of the disease. The defendant doctor was an OB/GYN who treated a young woman during her second pregnancy. Early in the pregnancy, the woman complained of pain in her thigh, and shortly afterward discovered a lump in this same thigh. The doctor told his patient that it was "only a varicose vein", a condition common during pregnancy. In subsequent monthly visits, the woman continued to complain of increasing thigh pain, and the doctor continued to assure her that there was nothing to worry about.
• Correct Diagnosis Comes Too Late
After the birth of her child, the doctor finally referred her to another doctor for testing regarding the increasing pain and growing lump in her thigh. She was immediately diagnosed with a high-grade tumor, which is a very aggressive form of cancer and spreads rapidly. At the time of the diagnosis, cancer had already spread to her lungs. Though she fought valiantly, the delay in diagnosis all but eliminated any chance of her survival. About two years after the cancer was finally diagnosed, she died at age 30, leaving behind a grieving husband and two small children aged two and three.
• Besen And Trop Retained
The victim's husband was referred to Stuart Besen, and subsequently retained Besen And Trop to prosecute a medical malpractice action for his wife's pain and suffering, and for her wrongful death. Robert Trop became lead attorney, and handled this complex case which alleged that the delayed diagnosis due to the OB/GYN ignoring her complaints and improperly assessing them, resulted in the loss of any chance of survival from the cancer, and certainly resulted in the shortening of her life.
• The Case is Resolved
The firm retained two expert witnesses, an obstetrician and an oncologist, in order to prove that there was "a departure from good and accepted medical practice," which is the legal standard in New York State. Robert Trop worked closely with these experts to prove that the delay in diagnosis was a significant factor in causing the spread of the cancer, which in turn caused the woman's untimely death. The defendant attempted to claim that the woman would have died anyway, and that it would have made no difference whatsoever if the cancer had been detected earlier. The case was commenced in 1995 and took many years to litigate. Robert Trop was successful in concluding the case early in 1999, for one million dollars.
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Verdicts & Settlements is published as a service for our clients, friends, and professional associates.
The information in this newsletter is meant to be general in nature, and is not to be viewed as a substitute for legal consultation in that laws change from time to time and may be affected by specific circumstances.
We welcome questions or comments regarding any information contained in this newsletter, which can be directed to either:
Robert E. Trop, Esq.
Stuart P. Besen, Esq.
Email: besentrop@verizon.net
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