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You’ve just been diagnosed with cancer and you have a nagging suspicion in the back of
your head that your condition should have been diagnosed months – if not years – earlier.
What do you do? Want to learn more? Come on in, I’ll tell you how. I’m Gerry Oginski,
a New York medical malpractice and personal injury trial lawyer practicing law here in
the state of New York. Today, you know I’ve just came back from court and I’m standing
out here in a beautiful park not far from where I live and I wanted to share a couple
of things with you about failure to diagnose cancer cases. Typically, what will happen
is that you will make certain complaints and have certain problems that you’ll tell the
doctor about. And the doctor may not recognize or understand the significance of the complaints
that you had. And as a result of that, they will not be performing various tests that
will lead them to the opportunity to make that diagnosis earlier rather than later.
We all know that with cancer cases it’s a tenant of basic medicine that the sooner
that you diagnose and treat cancer, the better your chances are for survival. What do I do
as an attorney to evaluate whether or not you have a valid basis for a case? We look
to see what the time delay was when the doctor should have recognized that the cancer was
there or should have taken steps to evaluate your problems that would have led them to
the conclusion that you had the cancer sooner rather than later. You probably already know
that there is a difference between a fast growing tumor and a slow growing tumor. And
if you have a fast growing tumor and the delay is very short, well even if they had recognized
the cancer earlier, in all likelihood the outcome would probably be the same. And the
only way to know for sure if the outcome will be the same is we have to ask your treating
oncologist or cancer expert that particular question. Even if it’s a slow growing tumor,
we have to understand what the time delay was. And critically, we have to evaluate whether
earlier diagnosis and treatment would have made a difference in the outcome. Why am I
telling you this? Because you may not recognize that just because there is a delay in diagnosis,
does not automatically mean you have a valid case. We have to determine whether or not
that delay made a difference in the outcome in your treatment or in your ultimate prognosis.
And if it did, you may have a basis for a case. But the only way to know for sure is
to pick up the phone and call me. This is what I do every single day. I answer questions
like these every single day - about failure to diagnose cases, failure to diagnose cancer
cases. So what I encourage you to do is two things. One, I want you to press that button
below if you’re watching this on Facebook or YouTube. Why? So that all of your friends
can get the benefit of the same exact information that you just got. Two, I want you to pick
up the phone and call me. I can answer your questions. You can reach me at 516-487-8207
or by email at lawmed10@yahoo.com. I’m Gerry Oginski, here in New York. Thanks for watching.