Delay to Treat or Failure to Diagnose a Medical Condition

The attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have more than 90 years of experience representing plaintiffs who have been injured or have died as the result of medical malpractice involving medical misdiagnosis. We have represented hundreds of clients who have been misdiagnosed, including clients who had the following illnesses misdiagnosed among others:

  • Influenza
  • Acute Myocardial Infarction (Heart Attack)
  • Strokes
  • Pulmonary Embolism
  • Bacterial Meningitis
  • Appendicitis


Whether a doctor or hospital staff is at fault, a misdiagnosis of a serious illness can have extreme effects on a patient’s life. The attorneys at GGCRBHS&M are well-versed in the latest developments in medical practices and can identify any deviation in care. Our team of attorneys includes a a registered professional nurse and a board-certified physician who can assist to review your case, and help you to understand the full medical scope of your injury. Our firm conducts exhaustive investigations and we retain extremely qualified experts to bring a comprehensive level of expertise to surpass that on the other side. For example, when a doctor fails to diagnose breast cancer, we seek out and retain a practicing Breast Cancer Specialist to determine the full circumstances of the misdiagnosis and in the case of a misread mammogram, we will find an expert radiologist to examine a your x-rays.

If necessary, we also retain expert accountants and financial analysts because many medical malpractice accident cases have their own set of associated losses including lost wages, the cost of care and many other monetary costs. In order to accurately assess what these costs will be for the remainder of a victim’s life, we use financial professionals to derive fair resolutions for injury victims.

The attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf advocate for our clients' full financial recovery through detailed, meticulous preparation for trial. If your medical condition went undiagnosed by a doctor or was misdiagnosed, please contact our firm to discuss your case.

PUBLICATIONS

Stephen H. Mackauf

  • "Failure to Diagnose Breast Cancer: The Perspective of a Patient's Attorney in Handling the Failure to Diagnose a Breast Cancer Medical Malpractice Case," 2007. Editor: Anatomy for Lawyers, New York State Bar Association, 1980 & 1981, Stephen H. Mackauf.
  • "Failure to Diagnose Cancer," Law Journal Seminars-Press, 1991 & 1992, Stephen H. Mackauf.
  • "Failure to Diagnose Breast Cancer," Law Journal Seminars-Press, 1993, 1995, 1998 & 1999
  • "Failure to Diagnose Breast Cancer: The Trial," Law Journal Seminars, 1998 & 2000, Stephen H. Mackauf.

Anthony Gair

  • "Orthopedic Malpractice: Failure to Diagnose Injury to Popliteal Artery," Medical Malpractice Law & Strategy, Vol. XVIII, No. 9, 2001, Anthony Gair.
  • "Chemotherapy: Failure to Properly Treat Extravasation of Doxorubicin," in Medical Malpractice Law and Strategy, Vol. XVIII, No.10 Aug., 2000, Anthony Gair.
  • "Is It Necessarily Malpractice: Failure to Revise Shunt in Hydrocephalus Patient," Medical Malpractice Law and Strategy, Vol. XVI, No. 5, March, 1999, Anthony Gair.
  • "Prosecuting a Case of Failure to Diagnose Compartment Syndrome," in Medical Malpractice Law and Strategy, Vol. XV, No. 12, Oct., 1998, Anthony Gair.

Robert L. Conason

  • "Medical Malpractice: Failures in Cancer Diagnosis & Treatment," Law Journal Seminars-Press 1987 and 1988, Robert L. Conason (co-Author)
  • "Failure to Diagnose Cancer", Law Journal Seminars-Press, 1991 and 1992, Robert L. Conason (co-Author) v"Failure to Diagnose Breast Cancer," Law Journal Seminars-Press 1993 to 1999, Robert L. Conason (co-Author)

CASES OF NOTE

The firm's medical malpractice attorneys have achieved verdicts and settlements that are among the largest in New York and New Jersey. Some of the more notable results include:

  • $90,939,857 jury verdict for a child whose cerebral palsy was due to the failure of an obstetrician to diagnose placental abruption and who thus delayed the cesarean section that was necessary to rescue the baby who was suffering from a lack of oxygen.
  • $17,250,000 verdict for a man who was rendered partially incontinent as a result of medical malpractice in failing to diagnose a spinal malformation.
  • $9,200,000 settlement in a Brooklyn medical malpractice case in which doctors and hospital employees fail to timely diagnose and treat a small bowel obstruction which resulted in systemic infections, multiple surgeries, lengthy hospitalization, and the need for a kidney transplant.
  • $8,000,000 settlement for a woman in case in which doctors and hospital employees failed to timely diagnose a valvulus (twisting of the intestine) in a woman which cased multiple surgeries and hospitalizations and the need for an intestinal transplant.
  • $4,750,000 settlement in an obstetrical malpractice case in which a baby’s brain damage was due both to the obstetrician’s failure to diagnose fetal distress during labor and to the pediatricians’ failure to resuscitate the newborn baby properly.
  • $4,500,000 settlement in a legal malpractice case involving a woman whose lawyer failed to file the proper paperwork with the court when she had a claim against her doctor for failing to properly treat her brain tumor.
  • $4,000,000 recovery for a Kings County man who was admitted to the emergency room after a bar fight and had sustained an undiagnosed subdural hematoma.
  • $3,000,000 settlement for the estate of a woman who died during childbirth as a result of the physician's failure to diagnose internal bleeding.
  • $2,800,000 settlement against an optician on behalf of man who suffered legal blindless as a result of a the optician’s failure to refer him to a specialist for treatment of proliferative diabetic retinopathy.
  • $2,700,000 settlement in a medical malpractice case claiming a failure to administer anti-coagulation medication to a 78 year old woman following surgery resulting in a stroke.
  • $2,300,000 settlement on behalf of a woman whose doctors failed to timely diagnose her breast cancer.
  • $2,250,000 settlement in an Erie County medical malpractice case in which doctors failed to timely diagnose and treat acute gastrointestinal bleeding in a 60 year old man.
  • $2,200,000 settlement for a man whose physician caused a one day delay in diagnosing a brain tumor.
  • $2,175,000 on behalf of a man whose wife died because her doctors failed to diagnose her benign meningoma.
  • $2,175,000 settlement millin a medical malpractice case in which doctors it was claimed that there was a failure to diagnose a meningioma
  • $2,000,000 settlement in medical malpractice case involving the failure to diagnose breast cancer.
  • $1,950,000 settlement for a man in a medical malpractice case stemming from a Mt. Sinai doctor's failure to diagnose bladder cancer.
  • $1,900,000 settlement in a Richmond County medical malpractice case in which doctors failed to diagnose preeclampsia in a woman suffered a cerebral bleed a few days after giving birth
  • $1,750,000 settlement in a medical malpractice case in which doctors failure to diagnose colon cancer in a 67 year old man.
  • $1,700,000 settlement in a medical malpractice case in which am ophthalmologist failed to timely diagnose and treat a post-cataract surgery infection resulting in loss of vision in an eye.
  • $1,600,000 settlement in a medical malpractice case involving the failure to take an adequate biopsy of a patients ulcer and thereby failure to diagnose gastric cancer.
  • $1,600,000 settlement in a medical malpractice case in which a gynecologist failed to perform a prophylactic oopherectomy on a woman who developed ovarian cancer and who had suffered breast cancer and had a positive family history of ovarian cancer.
  • $1,600,000 recovery for a New York County 74-year-old woman whose lung cancer was undiagnosed but appeared in a routine chest x-ray. A $1,575,000 verdict on behalf of a woman whose doctors failed to make a timely diagnosis of her breast cancer.
  • $1,450,000 for a woman whose doctors were negligent in failing to diagnose her breast cancer.
  • $1,450,000 settlement in an Ulster County medical malpractice case in which doctors failed to timely diagnose a woman’s breast cancer
  • $1,450,000 settlement in a Dutchess County medical malpractice case in which doctors failed to timely diagnose breast cancer.
  • $1,000,000 settlement on behalf of a young boy whose doctors failed to diagnose osteomyelitis infection of his hip.
  • $1,000,000 settlement on behalf of a man whose doctors failed to diagnose prostate cancer.
  • $1,000,000 settlement (insurance policy limits) on behalf of a woman whose husband died because his doctor failed to timely diagnose lung cancer.
  • $1,000,000 settlement (insurance policy limits) on behalf of a man whose doctors failed to diagnose colon cancer. A $1,350,000 verdict for a man who suffered loss of vision in one eye and decreased vision in the other eye as a result of his doctor's failure to treat proliferative diabetic retinopathy.
  • $1,000,000 (insurance policy limits) settlement for a woman whose doctors failed to properly reduce her fractured ankle.
  • $1,000,000 settlement in a Broome County medical malpractice case involving the failure to timely diagnose melanoma.

Please Contact our firm to discuss your case.

Disclaimer: Please be advised that the results achieved in any given case depend upon the exact facts and circumstances of that case. Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf cannot guarantee a specific result in any legal matter. Any testimonial or case result listed on this site is based on an actual legal case and represents the results achieved in that particular case, and does not constitute a guarantee, warranty or prediction of the outcome of any other legal matter.

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