The New York Personal Injury Blog

Wrong Cancer Diagnosis Lawsuit Against St. Luke's

If a similar story has happened to you, you will definitely want to contact an Manhattan medical malpractice attorney.

For several weeks, Ann Berlin received cancer radiation treatment with the understanding that if the treatment did not work, she may die, reports the New York Post. Six radiation treatments later, St. Luke's Roosevelt Hospital contacted the 73-year-old woman and said they made a mistake, she didn't have cancer after all. And the radiation treatment she undertook was completely unnecessary.

Now, Berlin is suing St. Luke's for the wrong cancer diagnosis.

In September 2009, Berlin got into a car accident and suffered rib and spine fractures. Berlin was sent to St. Luke's hospital and after doctors performed surgery, she received a post-surgical routine biopsy. In the biopsy, doctors discovered what they thought was metastatic Stage 4 cancer and advised Berlin to get radiation treatment, reports the Post.

However, unable to pin down what kind of cancer Berlin had, St. Luke's sent the biopsy to another hospital for a second opinion. At this point, it was discovered that the biopsy sample was contaminated and that Berlin did not have cancer after all, reports the Post. But it was already too late, as Berlin had undergone a series of radiation treatments.

In her medical malpractice lawsuit against St. Luke's, Berlin will likely argue that the hospital was negligent, or careless in letting her biopsy sample get contaminated, and then making a cancer diagnosis on the basis of the contaminated sample.

Ann Berlin suffered harm as she received invasive radiation treatment she otherwise would not have undergone and had lived with the fear of cancer for several weeks.

St Luke's gave the wrong cancer diagnosis to a patient. As a result, the hospital may have to pay out damages for both mental and physical anguish.

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