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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 as the PSA test, biopsies, and mammograms and these are common tests given by the medical profession to detect cancer. There are situations where the proper tests were given, but the radiologist, or pathologist misreads the film, or slide, which leads to a crucial delay in correctly diagnosing the clients cancer. Many times the cancer worsens where the proper treatment or prognosis would have prevented this from happening.

The Failure to Diagnose Cancer Attorneys at The Gordon Diefenbach law firm have more than 25+ years’ experience representing clients who have seriously injured or died as the result of medical malpractice involving a failure to diagnose cancer, including the cases involving:


  • breast cancer
  • ovarian/cervical cancer
  • colon cancer
  • lung cancer
  • skin cancer
  • prostate cancer
  • (melanoma)
  • thyroid cancer
  • leukemia
  • lymphoma
  • uterine cancer
  • testicular cancer
  • stomach cancer
  • rectal cancer
  • bladder cancer
  • kidney cancer
  • among others


With over 25 years of courtroom battles as a trial lawyer, Mr. Diefenbach has actively litigated hundreds of cases in New York, as well as New Jersey and Connecticut. In his long career as a trial lawyer, he has made literally thousands of court appearances in civil court throughout the Supreme Courts of New York City’s five boroughs, as well as Nassau County, Suffolk County and Westchester County.


The following are examples of cases involving claims of failing to diagnose different types of cancers which we have located in the State of New York and which have settled or have gone to trial successfully:

Failure to Diagnose Thyroid Cancer – $6.8 Million Recovered

In Luna v. Long Island Professional Medical Services, the failure to diagnose medullary thyroid cancer in a 30 year old female patient resulted in the cancer’s advancement to Stage IV.  The doctor failed to detect an enlarged thyroid during a routine exam and negligently failed to conduct a needle biopsy, which would have resulted in the diagnosis of Stage II medullary thyroid cancer and prompted the removal of the thyroid gland, providing an 85-90% cure rate.

Failure to Diagnose to Breast Cancer – $31 million Recovered

In Levinsky v. Painter, the failure of a doctor to refer a 33 year-old female patient, who had no family history of breast cancer, but complained of the presence of a lump in her breast, to a breast surgeon resulted in a delayed diagnosis of breast cancer that had advanced to Stage 4.

For more information please visit our website at https://www.medical-attorneys.com/ or call us at 917-734-7111

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