Open:Close: Menu En Español
Toll Free
In New York
call or email for a free consultation
email us
for fast
Open:Close: Our Practice Areas

POSTS TAGGED "failure to diagnose breast cancer"

Discrimination in Providing Medical Treatment is Medical Negligence

 Discrimination is illegal. It's illegal to discriminate against employees for their race, age, sex, and religious beliefs - yet, unfortunately, it does happen in the workplace. It's also illegal to discriminate against patients for their race and sex when providing medical care. But that was not always the case - especially when it comes to transgender and LGBT individuals.

A new policy recently released by the U.S. Department of Health and Human Services (HHS) made it clear to medical care providers that they cannot discriminate and refuse to give treatment simply because a patient in a federally-funded health care program is transgendered or LGBT.

Six years ago, New Yorker Jay Kallio transitioned from female to male. He relied on hormone treatment and never had gender reassignment surgery. At some point a suspicious lump in his breast tested positive for cancer, but he was never informed of the diagnosis, because, according to ABC News, the surgeon wasn't sure how to address Jay (as he or she) and "couldn't bring himself to tell his patient the grim biopsy results."

NY Bill Hopes to Reduce Breast Cancer Misdiagnosis

 Eight months after she had been told that the results of her mammogram were not abnormal, a 48-year-old Brooklyn woman discovered that she actually had Stage IV breast cancer. Such advanced stages of breast cancer are considered incurable; the woman now faces lifelong treatment.

Unfortunately, her tale is not an uncommon one. Failure to diagnose breast cancer occurs more often than many realize. In an effort to help reduce the instances of cancer misdiagnosis, the New York State Legislature has approved a bill that would require doctors to give women notice if the results of their mammogram show dense breast tissue.

Missed Cancer Diagnosis: One Woman's Cautionary Tale

 Several years ago, a 51-year-old woman begged her doctors to explain her back pain. Little did she or her doctors realize that the pain stemmed from breast cancer. And now, that failure to diagnose breast cancer will most likely result in the woman's death.

In 2007, the woman began experiencing back pain and other symptoms. Seeking an explanation, she visited over 50 primary care doctors and specialists. Despite ordering many tests, she received no definitive diagnosis. One 2008 test that raised red flags for possible cancer was later dismissed as arthritis, and a radiologist declined to order a follow-up biopsy. Assured by the radiologist's opinion, her doctor told her that she didn't have cancer.

Thereafter, the woman suffered violent muscle spasms and other worsening symptoms that left her unable to walk. On her first visit to the emergency room, she was sent home after a brief stay and some painkillers. The final diagnosis came only after a doctor intervened to request an emergency MRI at her next ER visit. In 2010, her doctor said she had Stage IV metastatic breast cancer that had spread through her entire spine and to the rest of her body. She was given three years to live.

Contact trolman, glaser & lichtman, PC

747 Third Avenue, 23rd Floor | New York, NY 10017|Phone: 212-750-1200|Toll-Free: 1-888-484-5529|Fax: 212-980-4011|Email