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What Is Breast Cancer?

Breast cancer is cancer developing in the cells of the breasts. Both women and men can get breast cancer. In women, breast cancer is the second most common type of cancer. ⁽¹⁾

“About 287,850 new cases of invasive breast cancer will be diagnosed in women,” according to the American Cancer Society. It adds, “About 43,250 women will die from breast cancer.” ⁽²⁾

Types of Breast Cancer

The breast is made up of different types of cells and tissues. Depending on where the cancer forms, you can be diagnosed with different types of breast cancer: ⁽³⁾

• Angiosarcoma: This type of cancer forms in the lining of blood and lymph vessels. It can also form in the skin on your breast. ⁽⁴⁾
• Ductal carcinoma in situ (DCIS): DCIS means abnormal cells have formed inside a milk duct in the breast. “DCIS is considered the earliest form of breast cancer.” ⁽⁵⁾
• Inflammatory breast cancer: This type of breast cancer develops quickly. The affected breast appears red and feels swollen and tender. “Inflammatory breast cancer is considered a locally advanced cancer.” ⁽⁶⁾
• Invasive lobular carcinoma: This cancer forms in the milk-producing glands of the breast. These cancer cells have broken out of the lobule where they originated. ⁽⁷⁾
• Invasive ductal carcinoma (IDC): IDC is also called infiltrating ductal carcinoma. This is the most common, with cancerous cells forming in the breast ducts. Roughly 80% are this type. ⁽⁸⁾
• Paget’s disease: Women over 50 are more likely to develop this type of cancer. Most people with this condition also have either underlying ductal breast cancer or invasive breast cancer. ⁽⁹⁾

New York Breast Cancer Statistics

“Breast cancer is one of the most common cancers among women in New York State. Each year in New York, over 16,400 women are diagnosed with breast cancer and about 2,500 women die from the disease. It is estimated that one in eight women will develop breast cancer during her life.” ⁽¹⁰⁾

Men get breast cancer also, but it is exceptionally rare. Approximately 160 men in New York State are diagnosed with breast cancer each year. ⁽¹¹⁾

Most recent data from New York State’s Department of Health indicate in 2018, 16,892 women were diagnosed with breast cancer. Of these, 2,576 women died from the disease. ⁽¹²⁾

What Are the Symptoms of Breast Cancer?

A lump is one common sign of potential breast cancer. Other signs and symptoms include: ^{(13) (14) (15)}

• A thickened area of the breast feeling different from surrounding tissue.
• Change in the size, shape, or appearance of a breast.
• Changes to the skin over the breast, such as dimpling.
• A newly inverted nipple.
• Peeling, scaling, crusting, or flaking of the pigmented area of skin surrounding the nipple (areola) or breast skin.
• Redness or pitting of the skin over your breast, like the skin of an orange.
• Bloody nipple discharge.
• Red, swollen, tender breast.
• Enlarged lymph nodes under your arm.

How Common Is a Breast Cancer Misdiagnosis?

Approximately 1.6 million breast biopsies are performed in the United States each year. Both false positives and false negatives are possible, leaving room for misdiagnosis of the cancer. According to one study, in only about 75% of the time did one individual pathologist agree with a panel of experts. ⁽¹⁶⁾

Agreement about the diagnosis happened to be the highest when the pathologist and the panel of experts concluded the sample showed “invasive carcinoma.” ⁽¹⁷⁾

What Qualifies as a Breast Cancer Misdiagnosis?

“Mammograms aren’t perfect.” In fact, according to the U.S. Food and Drug Administration (FDA), mammograms reveal cancer 80% of the time. This means 20 out of every 100 get missed. Theses misses are leading more and more patients to file lawsuits “when lesions are found after earlier mammograms failed to detect them.” ⁽¹⁸⁾

Breast cancer can be misdiagnosed due to:

• Ineffective palpation by a medical professional.
• Misread mammogram.
• False-negative mammogram appearing normal, but cancer is in the breast. ⁽¹⁹⁾

Injuries Associated with a Breast Cancer Misdiagnosis

The bottom line is if you have been diagnosed with breast cancer, the sooner you seek treatment, the better. ⁽²⁰⁾

At least one study has suggested “extended treatment delay (more than 90 days postdiagnosis) resulted in worse survival, in patients with invasive nonmetastatic and metastatic breast cancer. … Delayed adjuvant therapy (more than 90 days postsurgery) resulted in worse survival in patients with invasive nonmetastatic breast cancer who had surgery less than or equal to 90 days postdiagnosis.” ⁽²¹⁾

A misdiagnosis typically means a delayed diagnosis. And the longer it takes to diagnose your breast cancer, the long it takes to start your treatment.

Any delay in treatment adds to the risk of your cancer proceeding to a more advanced stage. This can cause you more pain and suffering. Have a later stage of cancer can result in the need for more expensive treatments, additional treatments, and a less positive future outcome.

How to Determine Who Is at Fault

Medical professionals could be held responsible for your injury if there is evidence they acted negligently. This includes the technician who performed your mammogram, or the radiologist who read its results.

In the medical profession, all health care professionals are expected to provide a specific standard of care. When medical professionals depart from the standard of care, or are negligent, they should be held accountable. ⁽²²⁾

If a radiologist made an error leading to a delay in your treatment and you suffered further injury, you can sue for malpractice. You must prove an error caused a delay in their diagnosing you correctly, and the delay harmed your health. ⁽²³⁾

For example, you get a mammogram. You receive the news it showed no signs of cancer. Six months later, you discover you have breast cancer. If the cancer was visible on your mammogram from six months earlier, you may have a case of medical malpractice. ⁽²⁴⁾

Filing a Breast Cancer Misdiagnosis Lawsuit

You initiate a lawsuit by hiring an experienced, knowledgeable medical malpractice attorney. Your attorney files papers with the court claiming you were harmed. The harm could be caused by your doctor or another medical professional who owed you a duty of care.

Your legal claim states you are “entitled to legal redress. These papers must set out [your] prima facie case: the statement of facts and legal theories that establish that [you have] a legally enforceable claim against the defendant.” ⁽²⁵⁾

Your attorney must prove the four elements of your lawsuit for medical negligence: ⁽²⁶⁾

• Duty — The facts establishing the legal relationship between you and your doctor.
• Breach — The facts illustrating your doctor breached legal duties implied in the physician-patient relationship.
• Causation — How your doctor’s breach of duty caused your injuries.
• Damages — The monetary value of your injuries.

How W&L Can Help

Weitz & Luxenberg is a New York law firm based in Manhattan. Our attorneys have been handling medical malpractice cases, wrongful death, and negligence lawsuits for nearly 40 years.

Our experienced attorneys can help you consider your legal options. You may be able to seek compensation if your breast cancer was misdiagnosed. Or a loved one died due to a misdiagnosis.

Weitz & Luxenberg has a proven track record. Here are a few examples of our success:

• $2.35 million settlement – A young woman experiencing ever-worsening symptoms of pancreatitis sought assistance from multiple hospitals. She was misdiagnosed time and again and ultimately died.
• $2.2 million settlement – A woman underwent a routine tonsillectomy performed by a specialist. She suffered complications, reported to an ER where she was misdiagnosed, and died a short time later.
• $1.1 million settlement – A 70-year-old man died from complications during treatment for advanced colon cancer. Roughly a year and a half earlier, his doctor failed to inform the patient about his stage 1 colon cancer.
• $500,000 settlement – A woman nearly died and now lives with an irreparably damaged uterus due to numerous misdiagnoses, botched surgeries, and invasive procedures. If ER doctors had correctly diagnosed and treated her, she would not have been forced to endure months of horrific, sometimes life-threatening, procedures and complications.

“Between 2011-2014, 1,380 workers were injured as a result of operating an aerial lift or scissor lift,” reports the Centers for Disease Control and Prevention (CDC). ⁽²⁾ The CDC also indicates “87 workers died as a result of operating an aerial lift or scissor lift.” ⁽³⁾

Why Are Man Lifts and Bucket Trucks Used?

Man lifts and bucket trucks are often used by workers in place of scaffolding. The workers use them when performing installation of drywall, painting, or doing a variety of maintenance tasks. ⁽⁴⁾

Industries where aerial lifts are frequently used include: ⁽⁵⁾

• Construction.
• General building maintenance.
• Telecommunications.
• Warehousing.

Other industries requiring the elevation of workers to move materials, change lightbulbs, or store boxes, may also utilize aerial lifts.

The use of any aerial lift has possible risks to workers.

Risks Associated with Man Lifts and Bucket Trucks

Hazards associated with elevating workers to perform tasks are numerous and varied.

Some of the most common hazards include: ⁽⁶⁾

• Entrapment: Entrapment happens when an occupant of a lift is caught in between, or crushed, between the controls or the guardrails of the platform and an external object, explains the International Powered Access Federation (IPAF). Their worldwide data indicates, “A 75% increase in entrapment reports” in 2024 and “An 87% increase in the number of people involved.” ⁽⁷⁾ Roughly 6% of all construction hazard incidents in 2022 were associated with getting caught in-between. ⁽⁸⁾
• Electrocution: The Electrical Safety Foundation International (ESFI) in 2025 notes, “Electrical fatality rates per 100,000 workers have remained consistent while overall fatality rates have increased.” ⁽⁹⁾ The IPAF Global Safety Report 2025 notes the U.S. submitted the most reports on electrocutions and electric shock incidents, accounting for 70% of incidents in 2024. ⁽¹⁰⁾ According to an online lift certification provider, these electrocutions result from “contact with overhead power lines.” ⁽¹¹⁾
• Falls: National Safety Council data indicates 39% of construction deaths were from slips, trips, and falls in 2023. ⁽¹²⁾ One construction professionals company claims there are 3.5 fatal injuries per 1,000 workers per day or the equivalent of “12-14 fatal occupational injuries each day.” It adds, “Delving deeper into the data, it becomes evident that the construction sector remains particularly prone to accidents, with nearly half of all incident reports concerning powered access equipment originating from this industry.” ⁽¹³⁾
• Tipovers and collapses: Regarding “incidents resulting in deaths or major injury, overturns was the top cause of accidents in 2024,” according to IPAF. ⁽¹⁴⁾ In its Global Safety Report 2025, IPAF states, “The USA accounted for 58% of all incidents” and “Most overturn incidents occurred in the construction industry (nearly 60%).” ⁽¹⁵⁾
• Struck by or against: Overall, a 75% increase in deaths from lift accidents were associated with being struck by falling objects and an 86% increase in the number of people involved in incidents. The U.S.A. accounted for 76% of all incidents. People involved by machine category were 54% mobile boom, 23% static boom, 8% mobile vertical, and 15% other. ⁽¹⁶⁾

It is clear, some professions are more at risk for lift accidents than others.

At-Risk Professions

Workers in certain professions are more at risk because they tend to use aerial lifts, such as man lifts and bucket trucks. In addition to raising workers into the air, aerial lifts are mobile and considered a restricted workspace.

They “are used in a number of different conditions, such as adverse weather conditions and high-traffic, continually-changing worksites.” ⁽¹⁷⁾

Professions at greater risk for lift accidents include: ⁽¹⁸⁾

• Carpenters.
• Construction laborers.
• Electricians.
• Electric installation and repair professionals.
• Painters.

Main Lift Hazards

Lift accidents can be hazardous. Accidents can be due to weight and reach concerns. Or they may be due to stabilization and positioning issues, such as working on uneven surfaces. Weather conditions are also a concern. ⁽¹⁹⁾

Electrocution is a serious lift accident hazard, but there are other possible injuries which warrant close attention, as well.

Injuries from Man Lift and Bucket Truck Accidents

Injuries sustained in man lift and bucket truck accidents range from minor to life-threatening, to fatal. Here are some of the most common injuries:

• Death — Boom-supported fall deaths can occur while moving the lift with workers already elevated in it. Other causes of fall deaths include ejection from the lift after being struck by an object. ⁽²⁰⁾
• Traumatic brain injury (TBI) — Falls are a major cause of TBI. “Traumatic brain injury is usually caused by a blow or other traumatic injury to the head or body. The degree of damage can depend on several factors, including the nature of the injury and the force of impact,” indicates the Mayo Clinic. ⁽²¹⁾
• Spinal cord injury (SCI) — SCIs “are caused by trauma to the vertebral column, thereby affecting the spinal cord’s ability to send and receive messages from the brain to the body’s systems that control sensory, motor and autonomic function below the level of injury,” explains the American Association of Neurological Surgeons. ⁽²²⁾
• Burns and electrocution — These occur most often when lifts make contact with overhead power lines. ⁽²³⁾ There is also a risk of being struck by lightning while operating a lift. ⁽²⁴⁾
• Broken bones, fractures — Broken bones or fractures can be life-threatening, especially when there are complications. These life-threatening complications include: vascular damage; collapsed lung; broken and detached segment of rib cage; respiratory compromise; pneumonia, and blood clots. ⁽²⁵⁾

Legal Options

Most of these injuries may require extensive and costly medical treatments. If you have suffered one of these injuries, you may face rising medical bills, lengthy recovery times, loss of income or worse, permanent damage. This is why you should speak with an attorney about all of your legal options.

The individual operating a lift or machine is responsible for damage and injuries caused during its use. If an operator was negligent and someone was injured, the injured party may be entitled to compensation.

Is it Negligence?

Negligence is a legal concept indicating the operator of the lift or machine failed to act “with the level of care that a reasonable person would have exercised under the same circumstances.” ⁽²⁶⁾

To prove negligence, you must show the court the operator of the lift could foresee the possibility of harm, the severity of that harm, and did not take steps or precautions to eliminate that harm. ⁽²⁷⁾

Examples of Aerial Lift Negligence

For example, if you were hurt while working in the bucket of a lift that tipped over because the lift hit a curb or hole while moving. Proper maneuvering of the lift is the operator’s responsibility.

Or what if the lift tipped over because the operator did not know or adhere to the rated load capacity for it? Operators are supposed to be aware of and follow recommended guidelines for how much weight a given lift can support to operate the lift safely.

If the operator did not receive the necessary training, the company could be responsible. Companies must provide proper training in areas of health and safety on the job.

If the man lift or bucket truck malfunctions, it could be due to a manufacturing defect in the aerial lift itself. If so, the manufacturer of the aerial lift could be held responsible legally.

How W&L Can Help

Negligence cases are not always clear cut. They can be very complex. This is an area of law where Weitz & Luxenberg has a wealth of experience and a long history of success for our clients.

Some of our success in personal injury and negligence cases include:

• Verdict of $2.96 million for our client. He lost part of his leg when a co-worker drove a hi-lo into a conveyor belt on a sorting room floor lacking adequate barriers.
• Verdict of $20.5 million plus another $3 million for past and future medical expenses for our client. He was the victim of a hit-and-run car accident leaving him paralyzed from the chest down.
• Recovered $10 million for our client. A teenage boy lost sight in one eye while on a school trip. A zip line accident occurred when he was struck by a broken bungee cord acting as a brake.

Updated April 2026

What Is an Intersection Collision?

Intersections are two or more roads crossing each other, with traffic flow moving in multiple directions. An “intersection collision” is a crash occurring in an intersection.

“Intersection collisions are one of the most common types of crash, and in the United States, they account for nearly 2 million accidents and 6,700 fatalities every year,” according to the FHA ⁽²⁾

In New York City (NYC), 250 people died and 46,455 people suffered injuries in intersection collisions from January through November of 2021. ⁽³⁾

Types of Intersection Collisions

Not surprisingly, there are several types of intersection collisions leading to fatalities and serious injuries. The International Road Assessment Programme’s (IRAP) Road Safety Toolkit lists multiple intersection crash types: ⁽⁴⁾

• Collisions between oncoming vehicles, involving a turn across traffic — A crossover accident is when a vehicle passes through any type of divide or barrier, such as a painted line, guard rail, or median. These crashes most often occur while making a left turn at an intersection. A National Highway Traffic Safety Administration (NHTSA) report finds a vehicle crossing over at an intersection is the critical pre-crash event. It makes the crash inevitable in 12.6% of intersection related crashes. ⁽⁵⁾
• Right-angle collisions at high speed not involving turning — The National Safety Council (NSC) says angle collisions killed 7,500 people in 2019. ⁽⁶⁾ These collisions occur when vehicles are traveling on streets perpendicular to each other. They are often the result of a failure to yield right-of-way. One example is when a driver runs a stop sign or does not stop at a traffic signal. The NYC Department of Motor Vehicles (DMV) explains, “Traffic signs, signals and pavement markings do not always resolve traffic conflicts. …The right-of-way rules help resolve these conflicts.” ⁽⁷⁾
• Right-angle or side-swipe collisions involving turns by one or more vehicles — The impact of the collision can be anywhere on the side of the vehicle. In the U.S., 1,300 people lost their lives in side-swipe collisions during 2019. ⁽⁸⁾ An example of a right-angle or side-swipe collision involving turns is when a driver pulls up to a stop sign, then attempts a turn before it is safe.
• Rear-end crashes — When vehicle is hit by another vehicle directly behind it, you call the situation a rear-end collision. This type of crash can be particularly deadly. In 2019, data indicate there were 2,900 deaths from rear-end collisions across the U.S. in one year. ⁽⁹⁾ And, in NYC during December 2021, the NYC Police Department reports “following too closely” as a contributing factor in 592 vehicle crashes involving fatalities and injuries. ⁽¹⁰⁾

Causes of Intersection Accidents

The causes of intersection accidents are most often driver error. A NHTSA report finds, “Of the 787,236 intersection-related crashes, about 96 percent (756,570 crashes) had critical reasons attributed to drivers.” ⁽¹¹⁾

The NHTSA also says, “Of the 756,570 intersection-related crashes with driver-attributed critical reasons, the most frequent critical reasons were inadequate surveillance (44.1%), followed by false assumption of other’s action (8.4%), turned with obstructed view (7.8%), illegal maneuver (6.8%), internal distraction (5.7%), and misjudgment of gap or other’s speed (5.5%).” ⁽¹²⁾

Other reasons for intersection accidents, including many indicated by IRAP, are: ⁽¹³⁾

• Complex intersection layout — Turning is a fundamental activity facilitated by intersections and increases accident risk. “Intersections may involve a large number of conflicting vehicle movements, which increases the opportunity for incidents to occur,” says the FHA. ⁽¹⁴⁾
• High approach speeds — Severe injuries frequently result from intersection accidents on freeways and interstates. The FHA points out, interstates and freeways “are associated with higher travel speeds, which may result in more severe injuries.” ⁽¹⁵⁾
• Inadequate sight distance to oncoming vehicles — Drivers at intersections need an unobstructed view of the intersection and all traffic control devices. The FHA cautions, “Insufficient sight distance can be a contributing factor in intersection traffic crashes. Intersection sight distance is typically defined as the distance a motorist can see approaching vehicles before their line of sight is blocked by an obstruction near the intersection.” ⁽¹⁶⁾
• Lack of gaps in traffic — Gaps are based on estimates of the time interval drivers need to move through the intersection or make turns. Gaps are often regulated by traffic control devices such as signs, signals, and roundabouts. If driver behaviors do not align with the estimated gap time allowed, “results will be a design that has insufficient capacity for turning movements and can even force drivers to make gap acceptance decisions in dangerous situations.” ⁽¹⁷⁾
• Lack of intersection visibility or awareness of the intersection — Accidents can happen when drivers are not able to clearly see intersections as they approach them. Or when drivers are not aware they are approaching an intersection. Inadequate signage and delineation are two reasons why drivers may be unaware of an intersection. This has an impact on the overall visibility of the intersection. ⁽¹⁸⁾
• Poor road surface condition — Pavement conditions can create hazards for vehicles. Ruts, potholes, and bumps can all contribute to crashes. Weather conditions such as fog, rain, sleet, snow, and ice may reduce visibility and make roads slippery. The FHA says, “Wet pavement has lower friction than dry pavement, so traction is reduced. Also, pooling of water can lead to hydroplaning and loss of vehicle control.” ⁽¹⁹⁾

Simply understanding what causes intersection accidents does not always help prevent accidents, but right-of-way rules can help.

Right-of-Way Rules Prevent Intersection Accidents

One way of helping to prevent intersection accidents are to follow the rules of the road. The New York state DMV lists these right-of-way rules: ⁽²⁰⁾

• Drivers approaching an intersection must yield right-of-way to traffic already in the intersection.
• When two drivers approach an intersection from opposite directions and reach it at the same time, a driver turning left must yield to traffic going straight.
• At intersections without signs or signals, the driver on the left must yield to the one on the right. This is also required when drivers arrive at stop signs at the same time and are at right angles to each other.
• Drivers entering a roadway from a driveway, alley, or private road must yield to pedestrians or traffic already on the roadway.
• Drivers must yield right-of-way to pedestrians in legally marked crosswalks.
• When traffic is backed up on the opposite side of an intersection, do not enter the intersection until the traffic has cleared. Do not block the intersection.
• Do not cause gridlock by blocking another street.
• Drivers entering a traffic circle must yield to the drivers already in the circle.

Drivers who violate these rules are held typically liable for any accident and any injuries resulting from the accident. However, that is not always the case.

Determining Fault in an Intersection Accident

The circumstances of an incident can make the issue of fault unclear, even with right-of-way rules. For example, when a child chasing a ball suddenly cuts across the roadway in front of you, and there is no marked crosswalk. Or if you are making a turn in an intersection and a cyclist on the street you are turning onto crosses that street while you are making your turn.

In such instances, the right-of-way rules do not definitively determine the fault of the parties involved. A full investigation of the incident and all factors contributing to it are considered. These factors include each driver’s speed, coming to a full stop at stop signs, visibility, and of course, distraction.

Drivers should always be alert and maintain awareness of the traffic around them. This includes pedestrians and cyclists.

When the fault in an intersection accident case is uncertain, understanding your legal options is important.

Legal Options

If you have suffered serious injuries due to an intersection accident, you may need compensation to meet medical expenses, provide financial support during recovery, and help mitigate the suffering you have endured. This is especially true when a death has resulted from the accident.

Contact an experienced attorney to help you recover. An attorney can handle relevant medical and insurance legal claims, guide you through the process, and negotiate a settlement or take your case to trial. This gives you time to focus on healing and recovery.

Reach out to an attorney after you receive any necessary immediate medical care. Do it while the accident is fresh in your mind, so you can pursue all your legal rights most effectively.

How W&L Can Help

In accident cases, Weitz & Luxenberg believes in holding responsible parties accountable. Our clients have benefited from our years of experience with personal injury cases.

Our firm is prepared to go to bat for you with the people responsible for your accident, including insurance companies. We believe in getting our clients all the compensation they deserve.

Some cases where we have been successful for our clients include:

• Struck by a stolen car, W&L gets a verdict of $20.5 million plus for our client.
• Run down by an ambulance in Manhattan, W&L reaches a settlement of $1.4 million for our client.
• When a coworker’s negligent driving of a hi-lo amputated part of his leg, W&L gets a judgment of $2.96 million for our client.

What Is Gallbladder Surgery Used For?

During this surgical procedure, your doctor removes your gallbladder. “A cholecystectomy is most commonly performed to treat gallstones and the complications they cause.” ⁽¹⁾

This pear-shaped organ is located right below your liver on the upper righthand side of your abdomen. “Your gallbladder collects and stores bile — a digestive fluid produced in your liver.” ⁽²⁾

Your doctor may advise you to have a cholecystectomy if you have: ⁽³⁾

• Gallstones in your gallbladder (cholelithiasis).
• Gallstones in your bile duct (choledocholithiasis).
• Inflammation of your gallbladder (cholecystitis).
• Large polyps in your gallbladder.
• Inflammation of your pancreas due to gallstones.

Surgery Due to Gallstones

When your gallbladder isn’t working how it is supposed to, hard fragments called gallstones can form. These gallstones can be as small as a grain of rice or as big as a golf ball. ⁽⁴⁾

Gallstones don’t dissolve or go away on their own. If you experience pain or other troubling symptoms, you may have no choice but to have your gallbladder removed. Approximately 80% of people who develop gallstones need surgery. ⁽⁵⁾

Gallbladder Surgery Complications

Gallbladder removal surgery “is one of the most commonly performed operations in the United States, yet it still carries up to a 6% risk of major morbidity.” ⁽⁶⁾

Possible complications include: ⁽⁷⁾

• Bile leak.
• Bleeding.
• Infection.
• Injury to nearby structures, such as the bile duct, liver, and small intestine.
• Risks coming with use of general anesthesia, such as blood clots and pneumonia.

How Gallbladder Surgery Works

Many gallbladder surgeries are laparoscopic and take one to two hours. Your surgeon makes a few small incisions in your abdomen. The procedure involves inserting thin, hollow tubes through those incisions. Your surgical team uses a laparoscope and inserts other surgical tools through the tubes. ⁽⁸⁾

Your medical team may also pump gas into your abdomen to inflate the surgical area so they can see your insides better. Then, your surgical team uses surgical tools to detach your gallbladder and remove it. Last, your team closes the incisions. ⁽⁹⁾

Gallbladder Surgery Risks

During this procedure, mistakes are possible. Whenever incisions are made and cutting tools are used, you risk having something get cut accidentally.

“Most bile duct injuries that occur during gallbladder surgery happen because the area around the gallbladder and bile ducts is masked in some way,” making it difficult for your surgeon to see the area clearly. ⁽¹⁰⁾

Injury Symptoms from Gallbladder Removal Errors

The first sign something might be wrong is if you don’t recover from surgery quickly. You could experience these symptoms of injury: ⁽¹¹⁾

• Fever.
• Chills.
• Nausea.
• Vomiting.
• Abdominal pain and swelling.
• Abdominal discomfort.
• Jaundice.

Some patients don’t experience symptoms right after surgery. You may develop symptoms several weeks or months after the injury occurred. ⁽¹²⁾

Surgical Errors Put You at Risk

Surgical errors can lead to dangerous complications. For example, bile duct injuries can lead to serious postoperative medical problems. Some complications can severely reduce your long-term, overall quality of life. In worst-case scenarios, you can die from your injuries. ⁽¹³⁾

Some injuries are spotted right away and treated. In other cases, injuries are misdiagnosed and patients receive inappropriate treatment. “The choice and timing of the appropriate reconstructive strategy have a critical role” in your long-term prognosis. ⁽¹⁴⁾

Gallbladder Surgery Malpractice Statistics

Researchers reviewed a legal database to find out how many medical malpractice lawsuits for gallbladder surgery were filed in a 13-year period. They examined 46 cases. A total of 39 went to trial. Of the 46 cases, 20 were decided in favor of the plaintiff. ⁽¹⁵⁾

Most gallbladder surgery malpractice claims allege problematic intraoperative visualization. These cases are also “the most likely to end in physician loss.” ⁽¹⁶⁾

Intraoperative care was the type of malpractice claimed in 67% of the lawsuits. “Problematic visualization of the surgical field was the most frequent intraoperative allegation” in almost 68% of the cases. ⁽¹⁷⁾

In cases involving problematic visualization, nearly 67% of plaintiffs secured a victory at trial. Close to 10% of the plaintiffs obtained a settlement out of court. ⁽¹⁸⁾

“Bile duct injuries remain the most frequent patient injury leading to cholecystectomy litigation.” These “accounted for 43.5% of the injuries.” The plaintiff victory rate was 60%. ⁽¹⁹⁾

When Are Gallbladder Surgery Errors Considered Malpractice?

Medical malpractice can happen when a medical professional does not practice the standard level of professional care. It means someone on your medical team made a mistake and was negligent with your care.

A lack of reasonable care may be considered malpractice. This includes if a surgeon fails to take the time to perform a procedure properly. Or if the surgeon fails to respond to a problem caused by the surgery,

Most malpractice claims from gallbladder surgery occur when a surgeon doesn’t know where the biliary ducts are on a patient and cuts them by accident.

If you are a victim of medical malpractice, you need an attorney who can get you the compensation you deserve.

How W&L Can Help

If you or a loved one was severely harmed due to a botched gallbladder surgery in the state of New York, Weitz & Luxenberg can help you. Our firm has been handling personal injury, wrongful death, and medical malpractice cases for nearly 40 years.

Most importantly, we have a history of winning. Here are just a few examples of our medical malpractice case successes:

• $2.2 million settlement – A woman in her 30s underwent a tonsillectomy. Shortly afterwards, she died from a surgical wound rupture. Hospital personnel failed to diagnose her basic symptoms of tonsillectomy complications.
• $1.2 million settlement – Our client died from a pulmonary embolism following her tummy tuck at an outpatient facility. Her surgeon used a defective piece of equipment. It failed to safeguard the woman’s health against deep vein thrombosis and blood clots.
• $500,000 – A young woman’s uterus was irreparably damaged due to multiple misdiagnoses and botched surgical procedures. She developed a basic uterine infection. Our client could have been treated appropriately if she was diagnosed correctly from the beginning.

Overview of Eye Injuries

Your eye can get injured in any number of ways. You may have an accident resulting in eye damage. Or a surgery error or medical treatment you undergo goes wrong. Even a product you use or medication you take could cause an eye injury.

Workers suffered 18,510 eye-related injuries in 2020, according to data from the Bureau of Labor Statistics (BLS). Contact with an object or equipment was the primary source of injury, accounting for 11,980 injuries. ⁽¹⁾

Exposure to harmful substances or environments resulted in 4,830 injuries. Slips, trips, and falls accounted for 290 injuries. ⁽²⁾

Eye Damage from an Accident

Personal injury accidents can lead to severe eye trauma. You can sustain an eye injury from a: ⁽³⁾

• Blow to the eye with a hard object or fist — Injuries can involve your eyelids, bones and muscles surrounding your eye. You can be hurt from baseballs, rocks, or a person’s fist, for example. If your injury is severe, you could sustain broken bones, bleeding inside your eye itself, and damaged bone and muscle.
• Cut or scratch caused by a foreign object — Seemingly small objects like a stick, grain of sand, or sliver of glass can accidentally scratch your eye. This can damage your cornea, the clear protective covering over your eye. Scratches can lead to many types of injury including blurred vision, sensitivity to light, pain, redness, and excess tears.
• Chemical burn — Soap, shampoo, or even makeup, can get in your eyes and irritate them. Oven or drain cleaners and fertilizers can burn the tissues of your eyes. Chemical vapors and acids like bleach are also dangerous. Depending on the chemical, how long it remains in your eye, and how deeply it penetrated, you can experience minor damage or irreversible injury.
• Medication — Some medications, such as Elmiron, can damage your eyes permanently. You can develop specific types of maculopathy. Symptoms may include blurred vision, vision impairment, vision loss, or even blindness. ^{(4) (5)}

Eye Injuries Due to Medical Malpractice

Medical professionals must follow reasonable standards of care. If they don’t, these types of situations can lead to medical malpractice:

• Misdiagnosis of an eye disease, leading to unnecessary treatment or treatment delay — A misdiagnosis can mean the difference between enjoying a high quality of life, living with chronic pain or disability, or even death. Clinical misjudgment by medical professionals is a leading cause of misdiagnosis. ⁽⁶⁾ One study based on U.S. data suggests, “795 000 Americans become permanently disabled or die annually across care settings because dangerous diseases are misdiagnosed.” ⁽⁷⁾
• Infection caused by equipment — Infection due to contaminated surgical instruments can lead to sepsis and death. “Sepsis is the body’s extreme response to an infection. It is a life-threatening medical emergency.” You can develop sepsis if you get an infection and it “triggers a chain reaction throughout your body. … Without timely treatment, sepsis can rapidly lead to tissue damage, organ failure and death.” ⁽⁸⁾
• Surgical errors — Surgical mistakes can lead to serious complications. Doctors can operate on the wrong patient or body part, perform the wrong surgery, perform the right surgery on the wrong side of the body, leave instruments inside, and make mistakes during surgery itself. Responsible medical professionals are expected to implement procedures and protocols for preventing these kinds of mistakes. ⁽⁹⁾

Types of Eye Injuries

Some eye injuries are relatively minor. Other injuries may require a visit to the emergency room (ER) and specialized treatment: ⁽¹⁰⁾

• Bleeding — Bleeding on the surface of your eye can result from trauma. “A subconjunctival hemorrhage is bleeding on the surface of your eye, between your conjunctiva and sclera (the white part). Blood can also pool between your cornea and iris (the colored part).” ⁽¹¹⁾
• Burns — These can be either chemical or physical.
• Corneal abrasion — The transparent protective covering of your eye gets scratched or otherwise damaged.
• Fractures — The bones surrounding your eye can fracture. An orbital blowout fracture causes bones inside your eye socket to shatter. 
• Detachments — Structures in your eye become dislocated, tear, or break.

Medications such as Elmiron, pentosan polysulfate sodium, can harm your eyes. Symptoms of pigmentary maculopathy include: ^{(12) (13) (14)}

• Difficulty reading and prolonged dark adaptation.
• Blurred vision.
• Perceptual distortion.
• Vision loss.
• Blindness.
• Light sensitivity.
• Impaired depth perception.

Legal Options in an Eye Injury Lawsuit

If the negligent behavior of someone else caused your eye injury, you can file a lawsuit seeking compensation. This is true whether the cause is due to personal injury or medical malpractice.

In New York, like in all states, you have a limited amount of time to file your lawsuit. This “statute of limitations” is typically only a few years. However, it is in your best interests to reach out to an experienced attorney as soon as your injury occurs.

When the statute of limitations closes, you cannot file a lawsuit against the people or corporations responsible for the injuries you suffered. It is best to proceed sooner, rather than later.

Personal Injury Eye Lawsuit

As you go about your daily life, the other people around you are expected to exercise reasonable care. This includes business owners, neighbors, teachers, principals, coaches, and landlords. If their actions or inactions lead to your severe injury, it could be considered negligence. ⁽¹⁵⁾

If you were injured by someone else, intentionally or negligently, you have the right to file a personal injury lawsuit. Your attorney has to prove the business or person who injured you was negligent.

Medical Malpractice Eye Lawsuit

Thousands of people each year die from errors medical professionals make. It could be misdiagnosing your medical condition, not treating you appropriately, waiting too long to treat your condition, prescribing the wrong medication, or making surgical mistakes. Any medical professional’s misconduct and poor judgement can lead to severe injury.

If you suffered significant eye injury due to a medical professional who owed you a duty and breached it, you can file for medical malpractice.

How W&L Can Help

If you or a loved one has sustained a severe eye injury in New York, you need a New York attorney who has extensive experience handling personal injury, wrongful death, and medical malpractice cases. Weitz & Luxenberg has been representing clients harmed by the actions of others for over three decades.

We have a proven success record. Here are a few examples of our wins:

• $10 million settlement — While on a school field trip, a teenage boy was severely injured when a zip line malfunctioned. He lost his sight in one eye due to the zip line’s negligently designed brake system.
• $100,000s settlement — A woman suffered permanent damage to part of the protective covering of her brain when a suitcase fell from an overhead bin on an airplane. The airline was held responsible for the woman’s ongoing cognitive difficulties, short-term memory problems, headaches, neck pain, and severely reduced quality of life.
• $1.975 million settlement — A woman died from a ruptured appendix due to grievous medical errors and misdiagnoses. She reported to an ER due to nausea and vomiting. She may have lived if she had received appropriate, timely treatment.
• $13.5 million jury victory — A jury awarded our client a multimillion dollar verdict with punitive damages. The case involved Vioxx, a medication intended to treat arthritis and other pain conditions. Our client is just one of hundreds of thousands who suffered heart attacks and other debilitating complications after taking this drug.

Updated August 2025

Ladders Are Dangerous

Many people are seriously injured when using ladders. “Every year 500,000 people are treated for ladder-related injuries and approximately 300 of these incidents prove to be fatal,” reports Industrial Safety & Hygiene News (ISHN). ⁽¹⁾

“Falls from ladders are the leading cause of ladder-related injuries,” according to the International Association of Certified Home Inspectors (InterNACHI). It adds, “Most ladder deaths are from falls of 10 feet or less.” ⁽²⁾

NYC Ladder Accidents

Nowhere are ladders more widely used than in the construction industry, especially at construction sites located within cities like New York.

New York City (NYC) ladder accidents are worrisome, especially for construction workers. “Falls from ladders are the leading cause of deaths on construction sites,” says InterNACHI. ⁽³⁾

Data for NYC construction related injuries and fatalities show in January 2021, alone, there were overall 18 fall related injuries. This comes on the heels of a total of 141 worker fall related injuries in 2020. This would include falls from ladders. ⁽⁴⁾

Additionally, the U.S. Bureau of Labor Statistics for 2019, indicate 26% of all fatal slips, trips, and falls among U.S. workers occurred in New York City. ⁽⁵⁾

Causes of Accidents

The major ladder hazard is falling. While working on a ladder, it may shift due to a defect, uneven floor surface or some other reason. The ladder can tip over and you can end up falling a dozen or more feet down.

Yet, people can also be injured by objects falling from a ladder. This is especially true at city construction sites, where sidewalks run near the areas where workers are using ladders. Accidents can happen if the ladder malfunctions or if the worker misuses it.

A ladder accident can also set off a chain of events resulting in an injury. For example, when being moved, a ladder accidentally knocks over a bucket. The bucket can fall down several stories from a construction site and cause serious damage if it lands on you.

Types of Ladders

Ladders used at both construction sites and at home come in different types and sizes. Safety may depend upon the right tool being used for the job.

Among the different types of ladders, some of the most common are: ⁽⁶⁾

• Step: A self-supporting, nonadjustable length, hinged ladder.
• Single: A non-self-supporting, nonadjustable length, single section ladder.
• Extension: A non-self-supporting, adjustable length ladder with two or more sections.
• Articulated: A ladder with one or more pairs of articulated joints, allowing for setup in different configurations.
• Tripod: A ladder with one leg opposite the rungs.
• Trestle: A “combination of a step ladder with a single extension ladder that can be raised through the top.” ⁽⁷⁾
• Telescoping: This ladder “uses a pin system to ‘telescope’ into variable lengths.” ⁽⁸⁾

Ladder Accident Injuries

No matter the type or size of ladder, falls from ladders can do serious harm. Injuries can range from scrapes and scratches to head trauma or even death.

Serious ladder accident injuries include the following:

• Death — National data for work-related fatalities due to falls over a 5-year period indicate “the most common sources in these cases were ladders (836 fatal injuries).” ⁽⁹⁾
• Broken bones and fractures — One study found fractures occurred in 36% of fall patients reporting to a community emergency room, 77% of those fall patients had injuries involving an extremity. “There was no relationship between the distance fallen and the occurrence of fracture.” ⁽¹⁰⁾
• Spinal injury — These injuries often result in paralysis. In one study researchers conclude, “Associated injury and vertebral injury occurred frequently among falls from buildings and ladders. High falls were more likely to be work-related and result in thoracic and complete injury, while low falls were more commonly associated with cervical and motor functionally incomplete injury.” ⁽¹¹⁾
• Traumatic brain injury — Your brain function can also be damaged. “Falls from ladders were the most frequent ‘Do-It-Yourself’ injury… with nearly 1 in 10 resulting in an ‘intracranial injury such as a concussion’,” according to one government research study. ⁽¹²⁾

Understanding what leads to falls can reduce the risks of serious injuries.

Factors Associated with Fall Risks

Identifying the factors associated with fall risks may help prevent those risks. Some factors are: ⁽¹³⁾

• Improper setup — Ladders on an uneven or unstable surface can tip or fall over. Ladders placed in front of unlocked or unblocked doors also present hazards.
• Loss of balance — Windy conditions or loads exceeding the ladder’s maximum rating can be dangerous.
• Rungs issues — Ladder rungs not properly spaced or supportive can lead to injuries.
• Overreaching — Work requiring leaning or stretching on a ladder can be dangerous.

Risks from Defective Ladders

The condition of a ladder should be taken into consideration before using it. When ladders have been exposed to fire or strong chemicals they may suffer damage or corrosion and it “cannot be detected during use.” ⁽¹⁴⁾

At times, ladders may be unsafe due to flaws in their design, or defects in their production. They may not actually be able to handle the weight limit indicated. Or the steps may not be bolted correctly to the frame. ⁽¹⁵⁾

When flaws or defects in a ladder lead to serious injuries or death, the manufacturer of the ladder and the store selling it can be held accountable.

They can also be held accountable if the instructions provided to use the ladder were incorrect. If so, any person might be unable to use the ladder safely,

Liability

In most states, successful product liability claims mean the plaintiff (you, the person suing) has shown the court one of three things:

• The design defects in a product were “inherent”; they existed before the ladder was manufactured. There was a flaw in the design itself. ⁽¹⁶⁾
• Manufacturing defects occurred while the ladder was being made. ⁽¹⁷⁾
• Defects in marketing happened. There were errors in the instructions provided with the ladder or there was a failure to warn customers of potential dangers with the ladder. ⁽¹⁸⁾

How W&L Can Help

These cases can be very complex. An experienced attorney can help clients navigate the legal system, build and present a strong case in court, and negotiate settlements.

For 30 plus years, W&L has successfully represented clients in product liability cases. Our team of attorneys are experienced in a wide range of liability injuries.

Here are just a few of our successes:

• Verdict of $2.96 million — Our client, who was from Ecuador and spoke no English, lost part of his leg. This was due to a negligent co-worker’s driving of a hi-lo. Additionally, the company involved had designed the work area with inadequate barriers.
• Multimillion-dollar settlement — Our client suffered a traumatic brain injury after a 25-foot-fall from a second story walkway of an apartment building. There was no parapet or fencing along the outer edge of the walkway.
• Recovered $10 million — Our client, a 15-year-old boy, lost his sight in one eye due to a bungee cord accident. The boy was struck by a broken bungee cord acting as a brake system for a zip line he was waiting to ride on.

Accident Statistics

A National Consumer League (NCL) fact sheet reports even more disturbing numbers, “an estimated 33,400 individuals required emergency department treatment to address injuries caused by table saws. Of these 30,800 (92 percent) were related to the victim making contact with the saw blade.” ⁽²⁾

NCL goes on to explain, “More than 4,000 of these injuries require amputations – an average of 11 per day.” ⁽³⁾

A survey conducted by the U.S. Consumer Product Safety Commission reported the estimated total of table/bench saws related injuries treated in hospital emergency rooms for a two-year period was 79,500. This total represents 78% of the estimated total stationary saw injuries of 101,900. The numbers are based upon National Electronic Injury Surveillance System data. ⁽⁴⁾

Yet, table/bench saws are not the only type of saws causing injuries.

Types of Saws

There are many types of saws on the market. These are a few of the most common: ⁽⁵⁾

• Table saws — “It is precisely what the name suggests; a saw mounted in a table.” ⁽⁶⁾ These saws are the foundations of modern workshops. They cause an estimated 39,750 annual injuries.
• Miter saws — Across the U.S., there are an estimated 6,800 injuries annually from miter saws. This portable saw “consists of a circular blade mounted on a pivoting arm that allows you to select the desired angle.” ⁽⁷⁾
• Band saws — The national annual injury rate for band saws is 3,550. “It is an upright cabinet-style saw, with pulleys above and below to move a fine blade.” ⁽⁸⁾
• Radial arm saws — These have an annual injury rate of 350 per year. Radial arm saws “resemble miter or chop saws. However, the difference is that the motor and blade suspend from an arm that extends out over the surface of the material you are cutting. The arm gives the saw a greater cutting surface” ⁽⁹⁾

Common Injuries from Saws

No matter the type of saw, injuries they inflict can be severe, perhaps even lethal.

“Fingers and hands are the most frequently injured body part and lacerations are the most common injury. Individuals suffering from occupational injuries tend to be younger than those injured during amateur woodworking. A small, but important minority of injuries are to students participating in school shop classes,” concluded one study. ⁽¹⁰⁾

These are some of the most common injuries from saws: ⁽¹¹⁾

• Amputations of fingers, thumbs, and hands — Researchers found, “Amputation was more common in the adult population (14% vs 12%).”
• Fractures — “Fractures and dislocations were slightly more common in the pediatric population (15% vs 13%).”
• Lacerations — “Lacerations were the most common finger and thumb injury.” Rates of lacerations for minors were marginally higher than adults (65% vs. 64%).

Saw Safety Is Critical

It is important saws are properly maintained and properly installed. Employers must make sure they are set up in an area providing safety for the operator and any people nearby. Flying debris is always a danger.

Also, employers should provide safety gear. This gear might include goggles, aprons, and protective gloves.

Injuries can occur if the user has not been properly trained. Everyone who uses saws should be trained in how to operate the saws and understand all safety procedures.

This is especially true for minors, since the “most notable group of individuals injured by table saws are minors injured in school woodshop courses. … Shop class mishaps, while rare, frequently result in serious injury with lifelong consequences.” ⁽¹²⁾

Minors and School Shop Class Injuries

Many of the outcomes of shop class injuries involve “sensory and range of motion deficits in patients who had tendon, nerve, or artery repair and sensitivity in patients treated with revision amputation.” ⁽¹³⁾

It is significant the U.S. Department of Labor regulations prohibit minors from operating “power-driven woodworking” tools, such as saws, in the workplace. ^{(14) (15)} “Yet, this equipment is regularly used by children as young as 11-years-old in middle school and high school shop and industrial arts classes.” ⁽¹⁶⁾

Legal Options

Depending upon the circumstances, a child who has been injured in a school shop class accident involving use of a power saw may have grounds for a lawsuit. For example, your child’s class has a table saw, but the saw lacks a blade guard, or the blade guard has been incorrectly installed.

If your child is injured while using the saw, the teacher and school can be held accountable.

What if the blade guard was correctly installed, and your child was hurt while using the saw anyway? It may be there was a problem with the saw or the blade guard.

Manufacturers are responsible for flaws and defects in their products and any of its components. Claims against manufacturers are known as product liability claims.

Defective Saws

Product liability claims may be based on negligence or strict liability. A successful product liability lawsuit must show the product was defective. ⁽¹⁷⁾

In these cases, there are three types of defects: ⁽¹⁸⁾

• Design defects — These defects are “inherent” in the products. They exist before the saws are manufactured. For example, a blade may be defective if it cannot adequately perform while someone makes a specific type of cut, the one the saw is designed to be used for.
• Manufacturing defects — These defects occur during the process of creating the saws. A flaw may exist in the materials used to construct the saw or in the components used to hold the saw together, or keep the blade in place.
• Marketing defects — These defects include failure to warn people of hidden dangers in saws or incorrect instructions accompanying the saws.

How W&L Can Help

Product liability cases can be extremely complex. This is why you should obtain an experienced attorney to represent your interests.

Weitz & Luxenberg has decades of experience representing clients who were seriously injured in product liability cases. Our team of attorneys have been successful in cases such as:

• $2.96 million for a workplace accident. A laborer lost part of his leg due to a negligent coworker. Also, the company did not have adequate barriers installed in the space where the men were working.
• Multimillion dollar settlement in a negligence case. A man sustained a traumatic brain injury after a fall from an apartment building walkway. There were no parapets or fencing on the outer edge, a violation of both state law and city code.

Ovarian and Cervical Cancer Statistics

In 2021, approximately 21,410 women will have been diagnosed with ovarian cancer for the first time. Roughly 13,770 women will have died from this disease. ⁽¹⁾

In 2021, approximately 14,480 women will have been diagnosed with invasive cervical cancer for the first time. Roughly 4,290 women will have died from this disease. ⁽²⁾

NYC Ovarian Cancer Statistics

In New York City (NYC), the incidence of ovarian cancer goes up as women get older. The disease is fairly rare for those younger than 45. The highest rates are for women between 55 and 69 years of age. Out of 100,000, approximately 70 women are diagnosed with ovarian cancer each year. ⁽³⁾

Death rates for ovarian cancer also increase as women in NYC get older. For women in their mid to late 50s, approximately 32 women out of 100,000 die from ovarian cancer each year. The rate goes up noticeably for women 65 to 79 years of age, to roughly 50 deaths annually. The number of deaths for women older than 79 actually goes down, to roughly 32 to 39 each year. ⁽⁴⁾

NYC Cervical Cancer Statistics

In NYC, the incidence rate of cervical cancer diagnosis has varied from 51 to 83 new cases per year for the past 10 years. The highest numbers were 83 in 2013 and 78 in 2015. ⁽⁵⁾

Also for the past 10 years, 27 or fewer NYC women have died in a given year from cervical cancer. The least was 11 in 2015. The most was 27 in 2013 and 2016. All rates are per 100,000. ⁽⁶⁾

Diagnosing Ovarian Cancer

Ovarian cancer originates in a woman’s ovaries. The danger with ovarian cancer is the symptoms, if any, can also be symptoms of other medical conditions. Plus, there are no ways to screen for this type of cancer. ⁽⁷⁾

Over 75% “of ovarian cancer patients aren’t diagnosed until the cancer has become advanced. Survival rates are low: Just 47 percent of patients survive five or more years.” ⁽⁸⁾

Detecting Cervical Cancer

Cervical cancer can be detected through screening. Because of this, cervical cancer may be preventable. An annual Pap smear sample can reveal precancerous changes in a woman’s cervix (dysplasia). Routine pelvic exams are part of this process. ⁽⁹⁾

When cervical cancer is discovered early, it can often be treated successfully with minimally invasive approaches. ⁽¹⁰⁾

However, “sometimes errors are made in the interpretation of Pap smear results. These mistakes can potentially allow the cancer to go undetected, spread to the uterus and ovaries and progress to the point that more aggressive treatment, such as a hysterectomy, becomes necessary.” ⁽¹¹⁾

Factors Leading to Ovarian and Cervical Cancer Misdiagnosis

Even though routine Pap smears are intended to catch cervical cancer early, errors can occur. Possible errors leading to a cancer misdiagnosis include: ⁽¹²⁾

• Clinician error during the specimen collection.
• Lab errors in interpreting or reporting results.
• Physician failure to recommend adequate follow up testing on abnormal results.

Ovarian cancer can be misdiagnosed as irritable bowel syndrome (IBS), diverticulitis, a urinary tract infection (UTI), or even menopausal changes. Initially, there may be no symptoms.

Or, you may notice: ⁽¹³⁾

• Abdominal bloating or swelling.
• Quickly feeling full when you’re eating.
• Weight loss.
• Discomfort in your pelvic area.
• Fatigue.
• Back pain.
• Changes in your bowel habits, such as constipation.
• A frequent need to urinate.

Risks of Misdiagnosis

The earlier cervical or ovarian cancer is diagnosed, the better off you are. Early stages of cancer typically mean it is localized. Surrounding tissues may be left undamaged and intact. ⁽¹⁴⁾

The more advanced your ovarian or cervical cancer, likely the more invasive it is. Your cancer may have spread not only to surrounding tissue but also to other organs and tissues throughout your body. Possible treatments and diagnostic tools are more expensive and invasive. You may need X-rays, CTs, MRIs, and PET scans. ⁽¹⁵⁾

Surgery, chemotherapy, and radiation may also be necessary treatments for advanced forms of cancer. In extreme cases, you may need to have your reproductive organs removed. ⁽¹⁶⁾

In worst-case scenarios, your cancer may be so advanced it has metastasized to other parts of your body. You could die from cervical or ovarian cancer. ^{(17) (18)}

Proving Medical Malpractice

To prove medical malpractice, a patient has to show the medical provider owed a duty to the patient, the provider breached the duty, the breach resulted in injury to the patient, and the injury resulted in damages.

Medical providers do owe a duty to their patients. Your doctors may have breached their duty of care because you had ovarian or cervical cancer and was misdiagnosed. If you were seriously hurt, or a loved one died, you may be entitled to sue for compensation.

How W&L Can Help

If so, and your misdiagnosis occurred in New York state, you need to seek guidance from an attorney in New York. Select a firm where the attorneys handle a lot of lawsuits for medical malpractice and wrongful death cases. You need someone with experience and a proven record of winning.

Weitz & Luxenberg is such a firm. Here are a few examples of our success in representing clients injured due to medical professionals’ errors, misdiagnoses, and malpractice:

• $500,000 settlement — After having an IUD implanted in her uterus, a woman developed a uterine infection. Countless misdiagnoses, botched surgical procedures, debilitating complications, and a life-threatening infection later, the woman nearly died. She now lives with an irreparably damaged uterus and lifelong medical problems.
• $1.1 million settlement — A 70-year-old man died from complications linked to colon cancer. His doctor failed to tell him the diagnosis until it had advanced to stage 4 and treatment was too late.
• $2.2 million settlement — Shortly after a tonsillectomy, a woman was having difficulty swallowing and developed a sore throat. She was misdiagnosed at an ER and treated for the wrong medical condition. Within just two days, she died because her surgical wound ruptured.
• $2.35 million settlement — A young mother taking steroids for arthritis reported to an ER with symptoms of pancreatitis. She sought help from multiple hospitals, was misdiagnosed multiple times as her condition worsened, and, ultimately, died of sepsis.

New York Medical Malpractice Statistics

“When it comes to medical malpractice costs, no state in the U.S. comes close to New York. Consistently, year after year, one fifth of all paid medical malpractice cases and one fifth of total malpractice costs in the U.S. occur in New York alone. In reality, most of these cases occur in and around New York City.” ⁽¹⁾

Nurse Care Medical Malpractice Statistics

Nurses are directly involved in nearly all aspects of your medical care. Out of 60,000 medical professional liability cases from 2007 to 2016, several thousand involved nurses. Nursing care was primarily or secondarily responsible in over 10,200 of those cases. In cases resulting in severe injury or patient death, roughly 12,000 involved injurious nursing care. ⁽²⁾

Malpractice may involve nurses personally, but “more often than not, the liability” may fall on the organization where the nurses were practicing or to doctors involved in your care. Defendants may involve the hospital or other medical facilities and one or more doctors, registered nurses, certified nurse practitioners, certified nurse-midwives, or certified registered nurse anesthetists. ⁽³⁾

What Is Nursing Malpractice?

Malpractice is “the failure of a professional person to act in accordance with the prevailing professional standards, or failure to foresee consequences that a professional person, having the necessary skills and education, should foresee.” ⁽⁴⁾

Nursing malpractice involves nurses, and anyone else providing nursing care. Anyone providing this care can be held accountable. Even basic “bedside” skills can lead to patient injury. Examples of bedside skills include medication administration and monitoring, use of catheters and IVs, and wound care. ⁽⁵⁾

Nursing professionals are also responsible for assessing and monitoring patient activities and movement. Helping patients get in and out of bed and use the bathroom are a couple of examples. ⁽⁶⁾

Ensuring patients don’t fall, trip over equipment, or suffer serious injury while simply waiting in the emergency room are other examples. Especially in the ER, patients with certain conditions could suffer a stroke, have a heart attack, or even die from the very illness they’re seeking emergency care to treat. ⁽⁷⁾

Examples of Nursing Malpractice

“Medical negligence is the third leading cause of death in the United States.” Nurses can harm you if they do not treat you and your medical condition appropriately. They can also harm you if they do nothing and you suffer a severe medical emergency while in their care. ⁽⁸⁾

• Misdiagnosis — A misdiagnosis is among the most common types of medical malpractice claims. Whether a diagnosis is missed altogether or delayed, you can be severely injured from the mistake. You can even die. ⁽⁹⁾ For example, if a medical professional diagnoses you with a severe cold and sends you home. You may really pneumonia and suffer serious complications from not being treated.
• Medication errors — Medication errors are way too common. A nurse could give you the wrong dosage, a dangerous combination, or the completely wrong drug. A nurse could also fail to provide you with a medication you need. ⁽¹⁰⁾ It’s malpractice if you suffer a debilitating heart attack because a medical professional diagnosed you with severe indigestion and prescribed the wrong medication.
• Childbirth injuries — Sometimes care professionals can make mistakes while helping you deliver your child. Examples include brain injuries, fractures, nerve damage, or even paralysis. All of these can lead to lifelong impairment and possibly death. ⁽¹¹⁾ A nursing professional could be found guilty of malpractice for putting you in a waiting room while you are suffering complications from a difficult pregnancy. You and your child could sustain serious injuries.
• Injuring a patient with equipment — Doctors and nurses can make mistakes when performing surgical procedures. They could puncture or damage one of your organs, leave surgical equipment inside of you, or operate on the wrong body part. ⁽¹²⁾ Even what seems like a straight-forward procedure in an office can go terribly wrong. For example, if the medical professional is distracted while performing a routine annual pelvic exam or administering an asthma breathing procedure.

Who Is Responsible for Nursing Malpractice?

Any health care professional can be held responsible in medical malpractice suits, including the nurse, hospital, or attending doctor supervising a nurse. “There are different levels of responsibility or liability for malpractice.” These include: ⁽¹³⁾

• An individual nurse is accountable for personal acts of negligence.
• A manager may be held liable for a harmful act if the nurse has not been supervised appropriately or acted without being given specific instructions by the doctor.
• Hospitals or other medical facilities may also be held liable if they hired an unqualified nurse to treat patients.

Proving Nursing Malpractice

To prove negligence or malpractice, your attorney needs to establish these elements: ⁽¹⁴⁾

• Duty owed the patient.
• Breach of duty owed the patient.
• Foreseeability.
• Causation.
• Injury.
• Damages.

An attorney may consider these questions: ⁽¹⁵⁾

• Did you receive direct medical care from your nursing professional? Did the person have a responsibility to provide you with care or was the person instructed by a supervisor or other medical professional to provide care?
• Did your nursing professional breach a duty of care? If your nursing professional failed “to exercise the care that a reasonably prudent health care provider would have done under the same circumstances,” this could constitute a breach of duty.
• Was the nursing professional’s failure to provide you with reasonable care the foreseeable cause of your injury?
• Were you injured, harmed, or damaged in any way because your nursing professional breached a duty of care to you? Harm, damage, or injury does not have to be physical. It can be emotional, mental, social, financial, or even spiritual.

Legal Options

Each and every state has its own specific medical malpractice regulations and laws. The first thing you need to do before filing a nursing malpractice lawsuit is to consult with an attorney who has a successful history of handling medical malpractice lawsuits.

Our firm offers a free initial consultation. Talk with our attorneys about your situation and listen to the legal options we present. We want you to feel comfortable with our team and know we have your best interests in mind at all times.

Our attorneys seek justice for your injuries and take on the rigorous task of litigating your lawsuit. Trust our firm to work with you every step of the way and guide you through the legal process.

How W&L Can Help

Weitz & Luxenberg is a nationally known law firm handling medical malpractice and wrongful death lawsuits for over three decades. We are based in New York, and our attorneys know New York state medical malpractice laws inside and out.

We also have a strong record of winning. Here are a few examples:

• $2.35 million settlement — A young mother died of sepsis because multiple hospital professionals misdiagnosed her pancreatitis symptoms.
• $2.2 million settlement — A woman in her 30s died from a ruptured surgical wound because ER personnel misdiagnosed complications from her tonsillectomy.
• $1.2 million settlement — A young woman died after undergoing a tummy tuck because her surgeon had taken a huge risk by using defective medical equipment.
• $1.1 million settlement — A 70-year-old man died receiving treatment for advanced colon cancer more than a year after his doctor incorrectly said his colon cancer biopsy was normal.
• $500,000 settlement — A woman’s uterus was irreparably damaged due to a series of medical misdiagnoses and botched surgical procedures related to an initial infection.