Legal Question in Medical Malpractice in New York

Can I sue a doctor for neglecting to tell me I have cancer? I had a polyp removed in July 2011 and had a follow up visit in Aug. when the dr was reviewing my surgery he had not told me about the cancer. This past Dec. I was having issues again and went to the dr in Jan. and when he reopened my medicail file to review my problems he then told me about the cancer. It was 6 months later so I have went 6 extra months without treatment.

Asked on 1/30/12, 10:18 am

2 Answers from Attorneys

Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

You need to have your medical records reviewed by an expert doctor asap in order to determine whether or not you may have a claim for medical malpractice.


Tanya Gendelman, Esq.

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Answered on 1/30/12, 10:42 am

Michael E. Zuller Zuller Law Offices

A failure to diagnose cancer may be actionable. Naturally, it will depend on the medical circumstances, information, test results, etc. available to the treating doctor at the time. It may also depend upon how aggressive the particular cancer is. Gather all your medical records now and bring them to a lawyer experienced in medical malpractice. Best, M.E. Zuller

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Answered on 1/30/12, 5:06 pm

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