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June 2017
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News from Alan W. Clark & Associates
A Personal Injury Law Firm
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Pared-down Lavern's Law is Approved by NYS Assembly and Awaits Governor Cuomo's Signature
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The date of discovery is critical in allowing a patient's claim to be presented based on recently discovered medical errors causing a delayed diagnosis of cancer and other serious treatable illnesses. Many times, radiologists misread screening mammograms, reporting no signs of cancer when, in fact, a cancerous tumor is present. Pathologists also misread specimens, reporting benign findings when, in fact, cancer is present. A misdiagnosis like this can result in years of delay before the patient's cancer or illness is finally discovered, prompting re-review of prior films and specimens which, in fact, were misread. By the time the correct diagnosis is made, the cancer or illness may be advanced and not curable. The resulting injuries, harms and losses to the patient and family are devastating.
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Recent Results
$2,250,000 — Medical malpractice settlement for 62-year-old woman whose radiologist misread her mammogram results and failed to diagnose breast cancer.
$1,950,000 — Construction worker fell from building, sustaining serious injuries to his spine and requiring extensive back surgery and treatment. The case was brought against the building owner and general contractor for violations of New York’s Labor Law in not providing the worker with a safe place to work, as well as proper safety devices, which would have prevented his fall.
$1,200,000 — Failure to diagnose and treat ongoing cardiovascular disease, resulting in a coronary bypass, and chronic pericarditis, resulting in chronic weakness, shortness of breath and chest pain.
$900,000 — Medical malpractice action commenced due to the hospital’s negligent monitoring of tubes placed in premature infant’s mouth, resulting in permanent injury to baby’s cheek and lower lip.
$900,000 — Failure to treat atrial fibrillation with anticoagulant medication, thereby resulting in a stroke.
$750,000 — Failure to timely diagnose and treat a congenital condition known as a Double Aortic Arch. This condition strangulates the trachea and esophagus which causes severe breathing issues and difficulty eating.
$325,000 – Failure to timely diagnose appendicitis, resulting in rupture of the appendix.
$300,000 — Trip and fall at a residence due to failure to provide a handrail on a stairway as required by local code, causing numerous fractured ribs, respiratory failure, prolonged hospitalization and medical complications.
$300,000 — Cosmetic implant operation following which patient suffered serious infection caused by a dirty facility and unsterile instruments, requiring hospitalization and treatment.
$250,000 — Home health aide for a frail, blind elderly patient did not hold onto the patient when escorting her to the bathroom. As a result, the patient fell and fractured her hip.
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About Alan W. Clark & Associates
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Visit the website of the National Patient Safety Foundation to understand the importance of reporting an error. Reporting errors to health care providers helps them understand and address a problem so that it does not happen to someone else. This website gives you information on who to report the error to and how to make a formal complaint. 
