$1,350,000.00 Recovery in New York Medical Malpractice Wrongful Death Action

Failure to Diagnose Base of Tongue Cancer.

This was a medical malpractice case in which Attorney Phil Russotti argued during trial that the defendant's internist and ENT specialist, both of whom were employed by the defendant HIP Group, negligently failed to diagnose base of tongue cancer. Phil proved that during the six month delay in diagnosis the cancer progressed from a Stage 1, which carries an 85% cure rate, to Stage 4, which provided virtually no chance for survival. The 50 year old female decedent died a year and a half after the diagnosis was ultimately made, leaving one adult son.

New York State wrongful death law is very restrictive in that it only permits recovery for economic loss or pain and suffering of the deceased. Since there was no economic loss because the decedent was not supporting her adult son, Phil concentrated on the pain and suffering she experienced as the disease progressed. At the beginning of the trial, the defendants offered $150,000.00 to settle the case. During two weeks of testimony the offers were continually increased until the case finally settled for $1,350,00.00.

<< Back to verdicts and settlements.


Contact Us: Free Consultation

If you or a loved one has been seriously injured, it is important to seek legal representation as soon as possible. Contact the New York personal injury attorneys at Wingate, Russotti, Shapiro & Halperin, LLP today for a FREE, no obligation consultation today:

The Graybar Building
420 Lexington Ave. Suite 2750 New York, NY 10170
Phone: (212) 986-7353 Fax: (212) 953-4308

New York Misdiagnosis of Cancer Lawyer Disclaimer: The medical malpractice, failure to diagnose cancer, wrongful death or other legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact an attorney our law firm offices located in New York. This web site is not intended to solicit clients for matters outside of the State of New York, although we have relationships with attorneys and law firms in states throughout the United States.

© 2018 Wingate, Russotti, Shapiro & Halperin, LLP - All rights reserved. Serving the communities of New York.

SLS Consulting | Sitemap | En Español