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Mistaken Cancer Diagnosis Leads to Mastectomy in Error

A New York woman had her left breast removed after a diagnosis of breast cancer. However, the woman’s test results turned out to have been misinterpreted; the woman did not have cancer.

The woman underwent left breast removal surgery and had to deal with a surgical hernia and pulmonary embolism after the operation, only to find out she did not have breast cancer. She had sclerosing adenosis, benign extra breast tissue, and the test results on the lump were misinterpreted.

After her initial diagnosis, the patient was sent to another hospital for surgery — a hospital that had a stated policy that all pathology reports were examined closely prior to major surgery. In this case, the woman’s test results were not reviewed and the operation took place. The surgeon even signed off on a form stating the pathology slides had been reviewed. Post surgical biopsy reports indicated there was no cancer in the breast tissue that had been removed.

Although the surgeon called the patient immediately to explain the error and apologize, the woman filed a medical malpractice lawsuit in the hopes that it would prevent these mistakes from happening to anyone else.

Filing a medical negligence lawsuit is a way to obtain compensation for medical expenses, pain and suffering, and lost wages. Legal action is also a way to hold a medical professional and/or medical institution accountable for negligence.

In cases such as this one, filing a lawsuit is the first step. However, waiting for the litigation process to be concluded may take years. If the injured plaintiff faces financial difficulties and is unable to pay the bills, a “lawsuit loan” may be an option. A “lawsuit loan” is a non-recourse cash advance approved for a plaintiff based on the merits of the lawsuit. That means employment status and credit standing do not matter.

The funds may be used for whatever the approved applicant chooses, although the “lawsuit loan” is typically used to pay immediate and necessary expenses such as medical and household bills, and mortgage payments. In a case of a victory or settlement, the “lawsuit loan” is payed back. Should the plaintiff lose in court, repayment of the pre-settlement funding is excused.

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