Significant technological advances in New York and across the nation allow numerous diseases to be located via an X-ray, CT scan and MRI, which means they can be treated early on and often have a better outcome for the patient. Unfortunately, doctor errors still occur when such imaging is being reviewed. This can be seen in a recent case from another state. A daughter recently won a lawsuit that she filed after her mother died due to a misdiagnosis of lung cancer.
The daughter's mother visited the emergency room in Oct. 2006. She had a very persistent cough that she could not get rid of. Pneumonia needed to be ruled out, so the physician ordered an X-ray of the woman's chest. It was determined that her X-ray was normal. She was diagnosed with an infection of her upper respiratory system and received a prescription for antibiotics.
Unfortunately, just over a year later, the woman returned to the emergency room because her symptoms had worsened over time. A CT scan was ordered by the on-duty doctor. The scan showed that the woman had advanced lung cancer. She then passed away in Aug. 2008 at 47 years old.
The daughter decided to file a lawsuit against the radiologist for his failure to notice that the woman was in the early states of lung cancer. Luckily, after being presented with sufficient evidence, the jury decided in the favor of the daughter. She was awarded almost $17 million in damages.
Even with advancements in technology, the human eye is still a necessary part in reading a scan. Unfortunately, this opens up the risk of doctor errors and misdiagnosis of ailments. When a person in New York has been injured or suffered emotional or physical pain due to a radiology or other medical error, one may be entitled to recover financial restitution to help with any incurred financial expenses and general pain and suffering.
Source: Greenfield Daily Reporter, "Jury awards $16.7M in Boston in medical malpractice lawsuit", , June 30, 2014
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