A cancer diagnosis is one of the scariest things a patient can face. Previous posts here have discussed the potentially deadly ramifications if a doctor misses a cancer diagnosis and a patient only learns of the disease after it’s too late. But almost as traumatizing is the idea that a doctor could intentionally lie about a cancer diagnosis in order to make money. The former situation could simply be malpractice and in that case, any New York failure to diagnose cancer lawyer could tell our readers that an injured patient can recover damages. The latter situation may not only be malpractice but it’s also criminal.
One oncologist was recently accused of misdiagnosing cancer patients on purpose in order to defraud the Medicare system. A federal judge has set the doctor’s bond at $9 million. The judge also ordered the 48-year-old physician to give up his passport and to not practice medicine should he post bond.
According to the complaint, the Michigan doctor administered unnecessary chemotherapy treatments to patients, as well as making false cancer diagnoses. In total, the doctor’s antics cost the Medicare system about $35 million over the course of two years.
The physician’s actions were far worse than simply costing the government money. He violated his patients’ trust by lying about their health and further risked their health by administering unnecessary treatment. A nurse first complained about the doctor’s actions back in 2010 and she was deeply troubled by the way he treated patients. The doctor faces up to a 20-year jail sentence if he is convicted, but his lawyers argue that there is no expert opinion as of yet that can substantiate a misdiagnosis or unnecessary treatment.
Hopefully no patients ever find themselves in such a deplorable situation, but in addition to criminal charges patients may be able to file a medical malpractice claim against a doctor who acted negligently and misdiagnosed cancer or any other condition. A patient could also recover damages if they are injured or a condition is made worse as a result of treatment that was not needed.
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Doctor intentionally misdiagnoses cancer in patients
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Jay W. Dankner
JAY W. DANKNER was born, raised and educated in Brooklyn, New York. After graduation from law school in 1973, he joined the firm of the legendary, Harry H, Lipsig, under whose tutelage he learned the intricacies of civil litigation and trials. He tried and won his first case against General Motors in a case involving a design defect within weeks after his admission. Thereafter, he focused his attention on the emerging and developing field of law known as products liability litigation.
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