Manhattan has more cancer research hospitals per square mile than anywhere else in the United States. Memorial Sloan Kettering, NYU Langone Perlmutter Cancer Center, Mount Sinai Tisch Cancer Institute, and NewYork-Presbyterian/Weill Cornell all promote themselves as leaders in oncology care. Patients come from around the world believing they will receive the most advanced diagnosis and treatment available.

Yet cancer mistreatment and other forms of malpractice still happen at these institutions.

A radiologist reviewing hundreds of studies misses a lung nodule.  A pathologist interprets a biopsy as benign when malignant cells are present. A patient’s abnormal test result sits in an electronic inbox while the cancer grows. We represent Manhattan patients harmed by diagnostic failures at both prestigious private cancer centers and public hospitals like Bellevue, Metropolitan, and Harlem Hospital.

Sometimes, the high level or responsibility of “the best” doctors lead to excessive delegation to Residents of “Fellows” –specialists in training. While many of these Residents and Fellows are extremely talented and hardworking, there is often no substitute for “clinical experience” and a prominent but too-busy specialist at a leading institution, delegating too much patient care to talented but-underexperienced Residents can be a recipe for disaster.

Under New York law, medical malpractice requires proof that a physician deviated from accepted standards of care and that this deviation caused harm (NY Pattern Jury Instruction 2:150). A hospital’s reputation, however stellar, does not shield it from this standard. The same standards of care (patient centered) apply to Memorial Sloan Kettering and other prominent institutions, as much as to any other provider.

The 90-Day Deadline for Public Hospitals in Manhattan

Manhattan has three public hospitals operated by NYC Health + Hospitals: Bellevue Hospital Center, NYC Health + Hospitals/Metropolitan, and NYC Health + Hospitals/Harlem. These hospitals serve a significant portion of Manhattan’s population, particularly in East Harlem, the Lower East Side, and Central Harlem.

If you believe your cancer was misdiagnosed or diagnosed late at any NYC Health + Hospitals facility, you face a critical 90-day deadline. Under NY General Municipal Law Section 50-e, you must file a Notice of Claim within 90 days of the malpractice. Missing this deadline may bar your claim entirely, regardless of its merit. It may be possible to make a “Motion” to late-serve such Notice. However, when permitted, the Court will scrutinize the case as to whether the patient delayed from the time they came to suspect malpractice –so time remains of the essence in all cases involving public hospitals.

How Research Hospital Culture Can Lead to Diagnostic Errors

Manhattan’s major cancer centers operate differently from many other hospitals. They run clinical trials, train Fellows, are active in publishing original medical research articles, as well as providing care for patients from around the world. While such research can be a genuine contribution to the state-of-the-art of cancer treatment, an excessive focus on research (or neglect of basic patient care) can create “danger zones” for some patients.

Communication Gaps Between Departments

At large academic medical centers, patients may see multiple physicians across multiple departments. A primary care physician at one Manhattan hospital orders imaging at an affiliated imaging center. A radiologist reads the study. The result goes into an electronic medical record. But no one specifically follows up to ensure the patient receives the findings and schedules appropriate next steps.

We obtain records from every department and facility involved in a patient’s care. We trace the path of test results through the system. We identify where results sat unread, where follow-up fell through the cracks, and where communication breakdowns allowed cancer to progress.

High Volume Can Create Missed Finding or Follow Up Failures

Manhattan radiologists interpret enormous volumes of imaging studies. MSK, NYU, and Mount Sinai all run high-volume imaging operations. Radiologists under time pressure may miss subtle findings. A small lung nodule on a CT scan, a suspicious area on a mammogram, an abnormal lymph node that should have prompted further investigation.

For cases involving imaging, we work with independent radiologists who review original imaging studies without time pressure. They assess whether findings were present and visible that the original radiologist failed to identify or adequately characterize.

Handoffs Between Specialists

Cancer care at Manhattan academic medical centers may involve multiple specialists: a medical oncologist, a surgical oncologist, a radiation oncologist, pathologists, or Critical Care for critical inpatient admissions. Each handoff and each “consult” may help, or hurt, patient care, depending on whether the “team” properly utilizes the information. Or, unfortunately, a failed handoff may create “gaps” in patient care that cause great harm, or even death.

We interview patients and family members to understand what they were told at each phase of treatment, what tests were recommended, and what follow-up was scheduled. We compare their recollections to the medical records to identify gaps between what physicians documented and what patients experienced.

Private Cancer Centers in Manhattan: Not Immune to Error

Manhattan’s private cancer centers advertise themselves as providing the highest quality oncology care available. We approach these institutions with the appropriate respect, and a healthy skepticism. These insitutions are actively competing for high-complexity (high reimbursement) patients. So sometimes the patient care, as delivered, simply does not live up to the marketing.

Public Hospital Cancer Care: Volume Pressures and Delays

Bellevue, Metropolitan, and Harlem Hospital provide cancer care to thousands of Manhattan residents who may not have access to private cancer centers. These public hospitals face different pressures than their private counterparts: typically higher patient volumes, and patients coming from less advantageous socio-economic backgrounds can create care challenges. Staffing constraints can be real; but they are still not excuses for not providing standard-of-care.

Multi-Provider Cases: Tracing the Diagnostic Failure

Many cancer cases involve a failure to diagnose, or delayed diagnosis.

In Manhattan these cases often involve multiple healthcare providers across multiple referrals or institutions. A patient may see a primary care physician at one practice, have imaging at an independent imaging center, get a biopsy at a hospital, and receive oncology care at another facility. When diagnosis or treatment is delayed, the failure may have occurred at any point in this chain.

We obtain records from multiple sources, as indicated, to create a timeline for analysis. We are very experienced to identify points where the diagnostic or treatment process broke down and determine if any providers departed from the standard of care.

Expert Review of Pathology and Imaging

Sometimes the most powerful evidence in a cancer malpractice cases comes from i pathology slides or imaging studies. Such evidence is objecitive, and visual. If an expert can (correctly) point to a slide projected in a Courtroom that shows a mass that was missed, it’s hard to argue that the Defendant shouldn’t have seen it during treatment. We work with board-certified pathologists and radiologists who are capable to review the actual images and slides, not just the reports.

The Process of Filing Suit in Supreme Court, New York County

Cancer malpractice cases arising from care at Manhattan hospitals are normally filed in Supreme Court, New York County, located at 60 Centre Street. In some cases, the case may be filed in a different County where the Plaintiff resides. That is a decision we make, with the client’s involvement, based on what the facts and law permit, and often on which County appears the “best fit” for the particular case.

Medical malpractice cases in New York require a Certificate of Merit, meaning an attorney must consult with a physician who confirms that the case has merit before filing.

We work with board-certified oncologists, radiologists, and pathologists who provide expert opinions on whether the care met accepted standards. Beyond the need to obtain “Certificate of Merit” we do this to make sure our cases have merit. We believe that our track record of bringing serious, deserving cases (based on thorough review) helps us to obtain successful settlements for our clients.

Damages in Delayed Cancer Diagnosis Cases

When cancer diagnosis is delayed, the harm often involves progression from an earlier stage with better prognosis to a later stage requiring more aggressive treatment with worse outcomes. Even for individuals who are not gainfully employed, the loss of ability to engage in activities may be sufficient, and significant damages may be available.

We have obtained successful verdicts and settlements (many Million+) in cases involving cancer, including cancer of the breast, prostate, colon, liver and other tumor cases.

Damages We Pursue

• Additional medical treatment: More extensive surgery, chemotherapy, radiation, and ongoing care required due to later-stage diagnosis
• Lost earnings and earning capacity: Time off work for treatment, reduced ability to work in the future
• Non-economic damages: Physical pain and lost quality of life from effect of delayed treatment, or mistreatment
• Wrongful death: If delayed diagnosis or mistreatment contributed to the patient’s death, the estate and family may have claims under EPTL Section 5-4.1 (2-year deadline from date of death). Damages may include lost income from the Decedent, or “loss of services” (things of value that the Decedent used to perform, such as childcare, care for a home, etc)