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By John Bonina
When we
were younger our mother always told us “an ounce of
prevention is worth a pound of cure.” This is as true
now as it was then.
In the case of a potentially deadly disease such as
cancer, the key to cure is early detection.
Most cancers are curable, if caught early enough.
This why there are mammograms, sonograms, and fine
needle biopsies to detect breast cancer in its early
stages. It is why we have chest x-rays and CAT Scans
to detect lung cancer and Hodgkin’s disease early
on. It is why patients undergo rectal exams to check
for blood which may be hidden in their feces, and
colonoscopies, to detect colon cancer. Even a simple
blood test can often provide enough information to
alert a doctor to the possibility that cancer is present.
Unfortunately, even when a patient does the right
thing and goes to the doctor for routine screening,
or to discuss a new symptom or physical finding, things
go wrong.
Sometimes
physicians do not order the right tests to determine
whether cancer is present. Additionally, even when
the right tests are ordered, the results are sometimes
misread.
When such mistakes cause a delay in diagnosis, the
possibility of a malpractice case exists.
Given various aspects of New York State Law, if one
wishes to investigate the possibility of a medical
malpractice case for a delay in diagnosing cancer,
it is important to begin the investigation promptly.
This is because, unlike many other States, New York
does not have “date of discovery” rule in misdiagnosis cases.
Thus, depending on the period of
delay involved, there is often very little time left
on the Statute of Limitations by the time a diagnosis
is made.
At Bonina & Bonina, we believe that every person
with cancer deserves a full opportunity for early
detection, early treatment, and complete cure.
When someone is denied the opportunity for complete
cure, we fight zealously to protect and advance
their legal rights. In this respect, we have taken
the lead in pursuing expedited discovery schedules
and expedited trials on behalf of cancer survivors
who were the victims of delayed diagnosis.
In the Fall of 2001, we have many trials scheduled
on behalf of our clients in cases involving delayed
diagnosis of breast cancer, colon cancer, urethral
cancer, and Hodgkin’s disease. Some of these cases
sped through discovery in six months or less, a
remarkably quick period of time given the complexity
of these cases and the number of depositions involved.
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