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More than one in ten women in the USA will be diagnosed with breast
cancer at some point during their lifetime. Misdiagnosis or mistreatment
of breast cancer results in more legal claims for medical malpractice
than for any other disease. This illness often responds well to treatment
and early detection is the key factor to higher survival rates. Even
after a woman feels a lump and undergoes a mammogram, the carcinoma
may still go undetected for months as doctors may rely too heavily
on negative mammogram results. This particularly affects younger
women whose mammary tissue is dense and a mammogram may miss small
tumours. In addition a doctor may rely too heavily on a woman's age
as a predicting factor as the condition is more often associated
with older women which may result in doctors not taking younger women's
complaints seriously.
Medical malpractice can include misdiagnosis, failure to treat,
improper treatment, delay in treatment, failure to perform appropriate
follow-up or prescription errors and describes any treatment, lack
of treatment, or other departure from accepted standards of medical
care, health care, or safety on the part of a health care provider
which causes harm to a patient. Breast cancer settlements arise
as a result of medical malpractice by healthcare professionals
which may include:
Failure to identify an obvious lump during breast examination
Failing to perform a breast examination (during a physical examination
or while treating a patient for other reasons) which would have
identified a clinically obvious tumour
Failure to arrange mammogram, x-rays, ultrasound, CT scan or MRI
scan
Mistaking a tumour for an infection or diagnosing the tumour as
benign
Failure to properly evaluate biopsy or test results
Failure to follow up on test results
Failure to order future tests
Failure to order a biopsy
Failure to follow up with the patient
Failure to determine the cause of nipple discharge
Disregarding history of sharp pain in breast
Failure to recognize common symptoms
Cervical cancer is regarded by the medical profession as a preventable
disease because pre-cancerous changes can be detected by pap smears
obtained during routine pelvic examinations. Significant advances
in medical knowledge have made it possible to effectively prevent
and treat this illness through early detection, and thereby minimize
the effects. Pap smears must however be carried out properly and
interpreted by an experienced specialist.
Many medical mistakes can lead to a delay in diagnosis which may
deprive patients of the chance for a cure and these include lost
records, failing to realize the importance of a patient’s
complaints, treating a patient inappropriately, misreading pap
smears, inaccurate test results or failing to refer a patient to
a cancer specialist.
Pap smears are tests performed during routine pelvic examination
by inserting a speculum into the vagina and samples of living cells
are removed using a spatula. These samples are then microscopically
analyzed for the presence of cancerous or precancerous changes
often in the absence of any symptoms. If cancer of the cervix or
precancerous changes are detected early then survival rates are
very high with rapid and appropriate treatment. Early diagnosis
as a result of pap smear screening could almost eliminate the chances
of developing invasive cervical cancer.
The most common mistakes made by doctors include:
Failure to test when a patient exhibits indicative symptoms
Failure to identify a cancerous mass in the cervix during a routine
cervical examination
Failure to perform a pap smear
Misinterpreting the pap smear or biopsy results
Failure to have a biopsy performed when the physical examination
results are abnormal
Failure to recommend appropriate treatment options
Failure to react quickly to biopsy findings
The medical profession which includes consultants, doctors, nurses
and hospital technicians usually provides a caring service with
a high standard of excellence for their patients however there
are occasions when things go wrong and if you have been injured
as a result of a failure by the medical profession or if you are
the dependant of someone who has died as a result of wrongful medical
treatment then you may be entitled to financial compensation for
medical malpractice.
Please call The Law Offices Of Jeffrey H. Rasansky immediately
to learn about your legal rights and options.
is the second highest cause of cancer death in the United States
and failure of diagnosis is one of the most frequent causes of
medical malpractice claims. Cancer of the colon almost always arises
from a polyp which is often readily demonstrable for years and
which may bleed intermittently before an invasive and ultimately
incurable cancer develops. Misdiagnosis usually results from a
failure to properly evaluate complaints of rectal bleeding.
The following are considered to be risk factors;
High fat, high calorie and low fibre diets are recognised risks.
This illness is more likely to occur in people over the age of
50.
Benign growths called polyps on the wall of the colon increase
risk.
Women with a history of cancer of the ovary, uterus, or breast
are at increased risk.
A condition called familial polyposis will, unless treated, almost
certainly to lead to cancer.
Ulcerative colitis increases risk.
Close relatives of a person who has had cancer of the colon are
at increased risk.
Various tests are used to establish the diagnosis of colon cancer
including:
Barium enema x-rays.
A sigmoidoscopy or colonoscopy can also be used to remove polyps
or other abnormal tissue for examination.
Blood tests.
A digital rectal examination may reveal abnormalities.
X-rays can reveal polyps or other changes.
A biopsy which is the removal of a tissue sample for microscopic
examination by a pathologist.
Medical malpractice is usually brought about by departure from
accepted standards of medical care, health care, or safety on the
part of a health care provider which may cause harm to a patient
and can include improper treatment, misdiagnosis, failure to treat,
failure to perform appropriate follow-up, delay in treatment, and
prescription errors. Early diagnosis may mean less pain and suffering,
less financial hardship and a greater chance of survival, and doctors
who depart from acceptable procedures which causes injury are likely
to be guilty of medical malpractice and ordered to pay colon cancer
settlements to their injured victims.
Please call The Law Offices Of Jeffrey H. Rasansky immediately
to learn about your legal rights and options.
Esophageal cancer occurs in the tube that connects the throat
to the stomach. There are symptoms and risk factors for esophagus
cancer that should be recognized by a competent doctor. When a
doctor fails to identify a patient with a high risk factor or fails
to recognise the symptoms or does not properly screen and examine
the patient then he may be guilty of medical malpractice. Symptoms
may include;
Difficult or painful swallowing.
Severe weight loss.
Pain in the throat or back, behind the breastbone or between the
shoulder blades.
Hoarseness or chronic cough.
Vomiting.
Coughing up blood.
Diagnosis usually follows consideration of the patients medical
history and after physical examination which may include the following
tests:
Barium swallow which is a series of x-rays taken after the patient
drinks a liquid containing barium which is radio opaque.
Esophagoscopy which is an examination using a thin lighted tube
called an endoscope. If an abnormal area is found, the doctor can
collect cells and tissue through the endoscope for examination
under a microscope.
The exact causes of this cancer are not known however there are
recognised factors that can increase the risk of developing esophagus
cancer:
Esophageal cancer is more likely to occur in people over the age
of 60.
This cancer is more common in men than in women.
Smoking cigarettes is a major risk factor.
Chronic or heavy use of alcohol is a major risk factor.
Long-term irritation of the esophagus can increase the risk.
Patients who have had other head and neck cancers have increased
risk.
This cancer is particularly serious, because it can be well established
before it is detected. It is most common in men over the age of
60 and is often, though not necessarily, associated with tobacco
smoking and heavy drinking. People who suffer from hiatus hernia
or who have worked with metal dust including pipe fitters, plumbers,
welders and sheet metal workers are at increased risk of contracting
esophageal cancer.
Clinical advances have resulted in the possibility to prevent,
treat or cure many types of esophagus cancer and even if a cure
is not possible then the quality of life can be dramatically improved.
The key to successful treatment is usually early diagnosis and
if a health care professional has failed through their negligence
to diagnose the illness in a timely manner then compensation may
be payable for the worsening of the illness. Early diagnosis can
mean less pain, less suffering, less financial hardship and a greater
chance of survival.
Please call The Law Offices Of Jeffrey H. Rasansky immediately
to learn about your legal rights and options.
Lung cancer is usually diagnosed by a biopsy which is the removal
of a small sample of tissue for examination under a microscope
by a pathologist. A number of procedures may be used to obtain
this tissue:
A hypodermic needle is inserted into the tumour through the chest
wall to remove a tissue sample.
A bronchoscope is inserted through the mouth or nose and into
the windpipe to look at the lungs and collect small samples of
tissue.
Laparoscopy techniques can be used to obtain a tissue sample.
A small amount of the fluid that surrounds the lungs can removed
using a hypodermic needle.
Other tests can be used to determine the extent of the lung cancer
including:
Mediastinoscopy which can determine whether cancer has spread
to the lymph nodes in the chest.
Radionuclide scanning which can show whether cancer has spread
to other organs, such as the liver.
MRI, CAT or CT scan.
The usual key to successful treatment is early diagnosis and many
medical mistakes can lead to a delay in diagnosis which may deprive
patients of the chance for a cure. If health care professionals
fail through their negligence to diagnose this illness in a timely
manner then they may become liable to pay settlements to their
victims. Delays in diagnosis may cause a worsening of the illness
and are often as a result of
Failure to refer to a patient who exhibits typical symptoms to
a specialist
Failure to have a biopsy performed when the physical examination
results are abnormal
Failure to make arrangements to carry out the appropriate tests
when a patient exhibits symptoms
Failure to take appropriate action following receipt of an unfavorable
biopsy results
Failing to monitor patients with cancer in the family
Failure to recommend appropriate treatment options
Lost records, notes and test results
There is a well documented increased in the incidence in individuals
who are exposed to asbestos fibers. While cigarette smoking is
the most well known cause, asbestos is recognized as a potent lung
carcinogen particularly when combined with cigarette smoking. Studies
have revealed that when both asbestos fibers and cigarette smoke
are inhaled, there is a synergistic effect which multiplies the
risk of each carcinogen. It is estimated that smokers who are also
exposed to asbestos have seven times more chance of contracting
cancer of the lungs.
Please call The Law Offices Of Jeffrey H. Rasansky immediately
to learn about your legal rights and options.
Ovarian cancer is a malignant tumour that can spread to other
tissues and organs including the peritoneum and the diaphragm and
can also enter the bloodstream or lymphatic system and travel to
other parts of the body. Between one and two women in every thousand
develop this disease and delay in diagnosis or treatment is often
as a result of medical malpractice resulting in thousands of malpractice
settlements every year. The cause of this illness is unknown however
the following factors may increase the chance of developing this
disease:
A family history of carcinoma is associated with increased risk.
First-degree relatives of a woman who has suffered this illness
are at increased risk.
Risk increases with age and occurs most often in women over the
age of 50.
Women who have had breast or colon cancer have a greater chance
of developing cancer of the ovaries.
Women who have never had children are more likely to develop cancer
of the ovaries than women who have had children.
Hormone replacement therapy may cause an increased risk.
Fertility drugs may increase the risk.
Ovarian cancer is difficult to detect in its early stages and
women often have no symptoms until the disease is in an advanced
stage. Signs and symptoms may include:
Nausea, diarrhoea, constipation or frequent urination.
Abdominal pain or discomfort.
Loss of appetite.
Weight loss or gain.
Bloated sensation even after a light meal.
Abnormal vaginal bleeding.
Diagnosis may involve tests and physical examination including:
Examination of the vagina, uterus, ovaries, bladder, fallopian
tubes, and rectum to find any abnormality.
Scans.
Biopsy using laparoscopy techniques to remove samples of tissue
for testing at which time the entire ovary may be removed.
Ultrasound which can distinguish between healthy tissues, cysts
and tumours.
Blood tests to measure chemicals indicative of ovarian cancer.
Please call The Law Offices Of Jeffrey H. Rasansky immediately
to learn about your legal rights and options.
Prostate cancer is the most common malignancy in men. Almost 200,000
cases are diagnosed in the USA every year and over 15,000 men will
die from this disease. Diagnostic tools are available for early
detection and doctors owe a duty of care to ensure prompt examination.
Medical malpractice results in numerous claims every year as a
result of inappropriate treatment or other departure from accepted
standards of medical care or safety on the part of a health care
provider. Some of the deaths are caused by medical malpractice
which can include any of the following errors by healthcare professionals;
Failing to perform a physical examination or PSA blood test
Failing to monitor patients with a family history of carcinoma
Failing to identify a cancerous mass during examination
Failing to perform a biopsy when test results are not normal
Ignoring or failing to recognise a patient's symptoms
Ignoring blood test or biopsy results
Losing records
Failing to follow-up with the patient
Most prostate cancer can now be found prior to any symptoms becoming
apparent. The symptoms listed below may also be associated with
non cancerous conditions:
Urinary dribbling, especially immediately after urinating
Delayed or slowed start of urinary stream
Urinary retention
Pain with ejaculation
Pain with urination
Lower back pain
Excessive urination at night
Pain with bowel movement
Incontinence
Abdominal pain
Blood in the urine
Anaemia
Lethargy
Weight loss
Screening and diagnosis can include:
Digital rectal examination. A biopsy is usually carried out following
abnormal findings however a positive diagnosis results in only
20% of cases.
The level of PSA which is a naturally occurring chemical in the
body is increased by a number of conditions including cancer of
the prostate. Subsequent biopsy will confirm approximately 20%
of raised PSA levels as resulting from cancer.
If a biopsy is negative then PSA and rectal examinations are usually
carried out on an annual basis.
If your condition resulted from medical malpractice, we can help
you assert your rights and get the compensation that you need and
deserve. You can rely on our specialist advocates to take care
of your compensation claim in a comprehensive, helpful, sympathetic
and professional manner. You will be kept fully informed about
the progress of your case both on the telephone and in writing.
Your calls will be answered promptly and faxes, e-mails and letters
will, where possible be dealt with on the same day as they are
received. You will receive a complete professional service from
lawyers who specialise in claiming compensation for personal injury.
Please call The Law Offices Of Jeffrey H. Rasansky immediately
to learn about your legal rights and options.
which can be difficult to detect. Often there are no symptoms
in the early stages or when symptoms do occur, they are often so
vague that the person ignores them. Symptoms may include:
Discomfort or pain in the abdomen
Indigestion or heartburn
Nausea and vomiting
Bloating of the stomach after meals
Diarrhea or constipation
Weakness and fatigue
Loss of appetite
Bleeding (vomiting blood or having blood in the stool)
Diagnosis takes place following consideration of the patient’s
history, medical records and following physical and laboratory
tests which may include:
Fecal occult blood test which checks for the presence of hidden
blood in the stool.
X-rays of the esophagus and stomach following consumption of a
barium solution which is radio opaque and outlines the stomach
on x-rays.
Endoscopy which is examination using a thin, lighted tube called
a gastroscope, which is passed through the mouth. If abnormal tissue
is found, a sample can be removed for microscopic examination using
the gastroscope.
This illness is difficult to treat and cure unless it is found
in an early stage before it has begun to spread. Treatment may
include;
Surgery which is the most common treatment for stomach cancer
and is called gastrectomy.
Chemotherapy which is the use of drugs to kill malignant cells
and is called systemic therapy because the drugs enter the bloodstream
and travel through the body.
Radiation therapy which is the use of high-energy rays to damage
malignant cells and stop them from growing.
Biological therapy which is also called immunotherapy and is a
form of treatment that helps the body's immune system attack and
destroy malignant cells.
It is now effectively possible to treat or cure many types of
this illness and even if a cure is not possible then the quality
of remaining life can be improved. The most common claims dealt
with by medical malpractice lawyers are those associated with failure
to diagnose stomach cancer in a timely manner which allows adequate
treatment to take place, or after diagnosis failing to arrange
an appropriate treatment. The key to successful treatment is early
diagnosis which may improve quality of life, survival chances and
life expectancy. If a doctor has failed to diagnose the illness
in a timely manner then compensation may be payable for the worsening
of the illness. Early diagnosis usually means less pain, less financial
hardship and a greater chance of survival.
Medical malpractice is used to describe any treatment, lack of
treatment, or other departure from accepted standards of medical
care, health care, or safety on the part of a health care provider
which causes harm to a patient and can include misdiagnosis, improper
treatment, failure to treat, delay in treatment, failure to perform
appropriate follow-up and prescription errors. Early diagnosis
may mean less pain and suffering, less financial hardship and a
greater chance of survival.
Please call The Law Offices Of Jeffrey H. Rasansky immediately
to learn about your legal rights and options.
Recently, Mr. Rasansky negotiated a settlement
of more than $10 million on behalf of an infant who was catastrophically
impaired while under medical care. Jeff also successfully represented
two plaintiffs in recent jury trials, one of which resulted in
a verdict
of more than $1 million. Throughout his career, Jeff has successfully
represented clients in cases involving: personal
injury, medical
malpractice, nursing
home abuse, nursing
home neglect, brain
damaged baby, product
liability and defective products, vehicle
accidents like car
wrecks, truck and suv's, motorcycle
accidents and pedestrian
accidents, as well as occupational injuries such as construction
accidents.
Jeff Rasansky is licensed to practice before all state courts in Texas,
the United States District Courts in the Northern and Eastern Districts
of Texas and the Fifth United States Circuit Court of Appeals.
Click here
to contact The Rasansky Law Firm.
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