Personal Injury, Wrongful Death and Medical Malpractice Attorneys
Personal Injury, Wrongful Death and Medical Malpractice Attorneys



New York hospital under fire for potentially fatal misdiagnosis

It’s no secret that cancer is easier to cure if caught at its earliest stages. We hope that doctors are constantly on the lookout for test results and symptoms in order to catch a disease before it’s too far progressed. Sadly, doctors at a New York hospital missed a prime opportunity to diagnose a woman’s lung cancer at an early stage and now she has less than a year to live.
The 41-year-old single mother visited the Emergency Room two years ago with severe chest pain. She was dismissed with a prescription to take Motrin as a first-year resident told her that the chest X-ray and EKG all were normal. The X-ray actually showed a small 2-centimeter nodule in her right lung and the radiologist who administered the X-ray wrote in a report that she should have another test in three months but this information was never communicated to the patient. This was a fatal mistake.
After two years of doctor visits for a chronic cough, a second ER visit in 2012 necessitated another chest X-ray. That is when the doctors discovered the tragic news. The nodule was cancerous and over the years had double in size. It had spread to the woman’s other lung and metastasized to other organs. Lung cancer at the early stage has a 75% survival rate but after it spreads, there really is no hope.
If there ever was a situation for a malpractice lawsuit, this may be it but the mother is adamant that no amount of money will ease her suffering or help her live. She is most worried about her disabled daughter she will leave behind. The 15-year-old suffers from autism and requires constant care.
A Notice of Claim has been filed for a potential case against the hospital. The claims see an award for damages for pain and suffering and for her injuries incurred by the hospital’s reckless and negligent behavior. Although the mother may never see the end of a lawsuit, her daughter may benefit from the claim if the hospital is found liable.


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.



Recent Post

Case Results


Sexual assault of a child at a summer baseball camp


Delay in treatment of peripheral vascular disease in a 52 year old woman resulting in loss of lower limb


Scroll to Top