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NY Medical Malpractice Victim Settles for Fraction of Deserved Compensation


A patient at hospital in New York has recently died due to her lung cancer that was misdiagnosed as asthma by the hospital's medical professionals. The Brooklyn mom first went to the doctor on February 2, 2010, with chest pain. Doctors gave her a chest x-ray and an EKG, but reported that everything was normal and instructed her to go home and take pain killers. In reality, however, there was a 2 centimeter nodule on her x-ray, which under normal circumstances would have warranted further research.

In May of 2012, the patient came back to the hospital because she was having difficulty breathing. A different doctor investigated further and found her first x-ray, which alerted him to the cancer. Unfortunately, it was too late to save the woman. Her cancer was stage 4, and had spread to both lungs and other organs in her body. Medical professionals report that the woman could have been cured had doctors properly treated her cancer back in 2010.

Though Wilkinson's attorneys attempted to recover her rightful damage, New York has a statute of limitations of a year and three months after the error occurs for suing a city hospital. Before her death, she settled for a paltry $625,000, when she could have gotten as much as $10 million for her losses. While some say that the city was kind to offer the woman anything, medical malpractice attorneys across the state have expressed outrage at the sum they offered. One attorney said that the city was in essence offering the patient 6 cents on the dollar.

The victim has left behind a severely disabled daughter, who is autistic, mentally challenged and mute. After attorney fees, the daughter will get about $425,000 from the state of New York. Regrettably, the daughter's care is expected to cost $150,000 a year, which means that she will only be able to live off that money until she is 20. The child will remain in the custody of her aunt, who has commented that she fears for the girl's future, as she is getting older and will not be able to take care of her for much longer.

If you or a loved one has been a victim of medical malpractice, then you too deserve to be compensated. Medical malpractice can have serious consequences like permanent injury, financial loss and even wrongful death for a person who was not properly cared for or rightfully diagnosed. Those who want to pursue justice for themselves and family members should speak to Nassau County personal injury lawyer, Charles R. Gueli. He is available 24/7 to take any questions or concerns that you may have about your medical malpractice case.

Schedule an appointment with him today by calling (516) 628-6402 or filling out a free case evaluation.

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