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Delayed Diagnosis of Lymphoma

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Medical Malpractice

Delayed Diagnosis of Lymphoma

IIn this New York City medical malpractice case, plaintiff argued that the surgeon failed to properly remove a known mass during an exploratory laparotomy and excision of mass, and improperly diagnosed the mass as a retroperitoneal lipoma, which is benign and not cancer.

When the cancer returned and plaintiff was diagnosed with lymphoma, an action was brought against the surgeon and internist. The defendant doctors moved for summary judgment seeking to dismiss the complaint. The trial court agreed with defendants and dismissed plaintiff’s action.

Mr. DiMartini was called in to appeal the decision. He argued that the lower court erred in dismissing the action against the surgeon since there was a material issue of fact as to whether the mass was actually excised by the surgeon during the procedure. The New York Appellate Division agreed and reinstated the action against the surgeon. Plaintiff’s claim was eventually settled among the parties.

Click here to read the Appellate Court's decision.

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If you or a loved one has been injured as a result of medical mistake or error by a doctor, surgeon, hospital, or nurse, you need an experienced New York medical malpractice lawyer on your side.

Call Mr. DiMartini today at 1.844.299.0030. He will be glad to answer your questions. You can also contact us online. The initial consultation is free. There is never an attorney’s fee unless we win your case!

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