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Firm files $1 B Class Action Against eClinical Works

The Diefenbach law firm filed a Class Action against a leading Electronic Medical Record vendor, eClinical Works ("ECW"). eClinical Works is ranked as the # 1 “Most Popular EMR software” (www.capterra.com/infographics/top-emr-software) and according to their own website have over 130,000 physicians using it and 850,000 healthcare professionals.  It has been in business since 1999, with […]

New York and its Statute of Limitations on Medical Malpractice Cases

A statute of limitation is a law that serves to limit the years within which a person may file a lawsuit against another party. In New York, the statute of limitation for personal injury varies according to the type of case. In medical malpractice cases, the patient has two and a half years to file […]

Medical Negligence: Informed Consent/Lack of Disclosure

A physician must exercise their best judgement when choosing a patient as an appropriate candidate for surgery. Physicians now must obtain patient’s informed consent prior to surgery and must do so by explaining the reasonably foreseeable risks, benefits, and alternatives associated with the procedure. Over the years the common law requirement of “consent” to “informed […]

The Importance of an Early Diagnosis to Cancer Patients

The necessity of an early diagnosis is fundamental to save a cancer patient’s life. Different kinds of the disease have different survival rates and, in many cases, the curability of cancers such as lymphoma, colon cancer or breast cancer in its early stages is extremely successful, ranging from 100% to 80% (American Cancer Society). Unfortunately, […]

New York Verdicts and Settlements

Over the recent years, insurers, hospitals, and physicians have been raising questions that contest the civil jury institution and their ability to correctly judge medical malpractice cases. Defendants claim that the jury is acting unjustly when it continuously awards large compensations to plaintiffs.Complaints from insurers, hospitals and the like about jury awards are problematic because […]

10 Things To Know About Cancer

Misdiagnosis occurs in 10 to 20 percent of all cases of cancer. A study shows that around 28% of the mistakes made in diagnosing 580 cancer cases resulted in severe harm. It has been estimated that medical misdiagnosis causes the death of 40,000 cancer patients each year. More than 100 types of cancers exist and […]

Breast Cancer Misdiagnosis

A 39 year old mother named Elizabeth Dawes underwent surgery to remove aggressive breast cancer after being told she had a Grade 3 invasive tumor in her breast. As a young woman in her thirties, being told she had breast cancer was “devastating, and of course, I feared the worst… so when I was told […]

Failure to Diagnose Cancer Cases – Early Detection

One of the main keys to fighting cancer is early detection. Many times the symptoms can also share the same characteristics as other conditions, so this is where the proper testing and diagnosis by doctors is essential. It is all too often that a doctor will fail to give one of the crucial tests such […]

Ovarian Cancer and Lawyers

Ovarian cancer is a leading cause for of death in women. The best way to catch ovarian cancer in its earliest stage remains a question unanswered. However the American Cancer Society states that the best way to find ovarian cancer is for women to have regular health exams and to always consult a doctor if […]

Missed Cancer Diagnosis: The Reality

Be alert. Be proactive. Don’t be a passive recipient of medical care. Listen to your doctor’s words but speak up regarding the condition for which you are being treated and any exams you were asked to undergo. Why is that so critical? It’s not unheard of for a doctor to not take seriously your complaints […]