Delay in Diagnosis of Cancer — A Common Malpractice Problem

Despite many advances in detection technologies and cancer screening protocols, delays and misdiagnosis of cancer are far too common. The best defense against cancer is early detection. Patients are advised to be aware of the screening guidelines set by their physician or health plan, and also to educate themselves about cancer screening. See the American Cancer Society's Cancer Screening Guidelines.

Below is a sampling of the type of cancer cases that we have successfully settled this past year related to delays in the diagnosis of cancer:

Thyroid Cancer - $1.75 Million Settlement 
Repeated failures to test enlarged thyroid for cancer and allegedly spoilated primary care records leads to settlement 

Liver Cancer - $1 Million Settlement
Failure to monitor for liver cancer in Asian man with history of Hepatitis B 

Lung Cancer - $1 Million Settlement
Lawsuit claims woman's lung cancer detection was delayed by 1 year

Kidney Cancer - $1.5 Million Settlement
57-year-old man dies from delay in diagnosis of kidney cancer

To learn more about the cancer cases we have successfully resolved, please see our Verdicts and Settlements archive.

If you have a question about a possible delay in the diagnosis of cancer, please do not hesitate to contact us for a case evaluation at no cost.

Lubin & Meyer PC  | Cancer Malpractice Attorneys in MA, NH, RI

2012's Top Verdicts and Settlements

Every January, Massachusetts Lawyers Weekly publishes its "Year in Review" list of the largest verdicts and settlements of the previous year.

In 2012, Lubin & Meyer secured two of the top five verdicts and 24 settlements of one million dollars or more — four times as many as any other firm.

For a full list of Lubin & Meyer's verdicts and settlements for 2012 of $1 million or more, click here:

• Top Verdicts
• Top Settlements

Lubin & Meyer PC - Rhode Island Medical Malpractice Lawyers

Best Law Firms 2013: Lubin & Meyer Receives National Ranking for Medical Malpractice Law

Long recognized as one of the country’s leading medical malpractice and catastrophic personal injury law firms, Lubin & Meyer was recently awarded a national tier one ranking by U.S. News - Best Lawyers "Best Law Firm Rankings 2013." The firm received the top national ranking in the area of Medical Malpractice Law. The national first tier rankings were published in a special Money issue released by U.S. News in November 2012.

The “Best Law Firms” rankings are based on a combination of client feedback, information provided on the Law Firm Survey, and Best Lawyers.® For more on the methodology, see Best Law Firms 2013 at Bestlawfirms.usnews.com/Methodology.aspx.

Located in Boston, MA, the firm's attorneys practice in Rhode Island, Massachusetts and New Hampshire.

Lubin & Meyer PC - Rhode Island Medical Malpractice Attorneys

Trial Report: ER Delay Leads to Death of Boy

As a follow up to last month's post on the Plymouth County jury that found an ER doctor liable in the death of a 12-year-old boy, we now have posted the trial lawyer's report in the Verdicts & Settlements section of our main website at lubinandmeyer.com. To read the summary of the 8-day trial, click on the link below. Lubin & Meyer Attorney Adam Satin represented the plaintiff in this case.

$3.58 Million Judgment for ER Delay - Trial Report

Lubin & Meyer regulary obtains more medical malpractice and personal injury verdicts and settlements than any other law firm in the region. To read case summaries of more trials and pre-trial settlements on our main website, please click on Verdicts & Settlements.

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

$3.5 Million Verdict in Trial of ER Doc Found Liable in Death of 12-year-old Boy

Adam R. Satin, an attorney with Lubin & Meyer, a law firm licensed to practice in Rhode Island and Massachusetts, won a $3.5 million judgment in nearby Plymouth County against an emergency room doctor in the trial over the death of a 12-year-old boy.

On October 22, 2012, after an 8-day medical malpractice and wrongful death trial, the jury returned a verdict that will result in judgment being entered against former Good Samaritan Medical Center Emergency Room doctor, Carmine Williams, M.D., in the amount of $3,582,831.

The lawsuit involved the death of 12-year-old Alberto Fernandes, whose mother brought claims against the emergency room physician after her son was kept waiting in the ER for almost 3½ hours even though the hospital did not have the appropriate neurosurgical personnel available to treat his malfunctioning brain shunt.

Attorney Satin was successful in proving to the jury that the doctor was negligent when she failed to recognize the emergent nature of the patient’s condition, resulting in an undue delay in his transfer to an appropriate facility with neurosurgical capabilities. Said Satin, “Dr. Williams cost this child 45 critical minutes at the outset of his time in the Emergency Room and then went on with her other patients while Alberto languished there as his clinical condition and head pain got worse and worse over time — all because she failed to recognize how critical his condition was.”

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

New England's Best Lawyers Lists Five from Lubin & Meyer

Five attorneys at Lubin & Meyer PC have been selected for inclusion in New England's Best Lawyers® 2012 Edition, a guide to New England's top lawyers, based solely on a vote of their peers. Selected in the areas of medical malpractice and personal injury litigation, they are: 

• Andrew C. Meyer, Jr. (pictured on the cover)
• Robert M. Higgins
• William J. Thompson
• Krysia J. Syska 
• Adam R. Satin.

For more information and to read the cover article on the firm, please click on: New England's Best Lawyers...

New England's Best Lawyers is excerpted from the 2012 edition of The Best Lawyers in America®, the oldest and most respected peer-review publication in the legal profession. Best Lawyers is published by Woodward/White, Inc., of Aiken, S.C.

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice and Personal Injury Law

Lubin & Meyer Represents Family in "Alarm Fatigue" Settlement

Attorney Andrew C. Meyer, Jr. represented the family of an 89-year-old cardiac patient who died at Mass. General Hospital in Boston when nurses failed to respond to cardiac monitor alarms. The case, as well as a series of investigative articles by The Boston Globe, has spurred national attention around the issue of "alarm fatigue." The settlement for $850,000.00 was made public this week.

What is alarm fatigue?

As reported in The Boston Globe on November 28, 2011:

"Although monitors can save lives when they alert nurses to dangerous changes in a patient’s condition, most alarms are false, triggered by  patients shifting in bed or minor changes. According to a Globe investigation published earlier this year, repeated false alarms can desensitize nurses, causing them to tune out alarms that turn out to be critical — a phenomenon called alarm fatigue linked to hundreds of patient deaths."

Andrew Meyer is quoted in the article:

“Much to Mass. General’s credit, they recognized the error and tried to do right by the family. They are in good faith trying to prevent the problem from occurring in the future. The family was appreciative.’’

Learn more about alarm fatigue in this series of reports from The Boston Globe. 

Added February 2012: While as of this writing there have been no deaths attributed to alarm fatigue in Rhode Island, awareness to the issue is high. See related news story covered by Providence's WPRI News 12:

Alarm fatigue can be life-threatening

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

Largest Jury Award of 2011: $11.48 Million for Newborn's Death at Hospital

Lubin & Meyer attorneys William J. Thompson and Elizabeth Cranford have won a jury award of $11.48 million (including interest) on behalf of the family of an eight-day-old twin baby girl who died from a massive bowel infection while at Beth Israel Deaconess Hospital in Boston. It is the largest jury verdict in the region for a medical malpractice wrongful death trial. Jurors found a doctor and nurse practitioner negligent in the care of the infant who died of necrotizing enterocolitis.

For more information on the details of this trial, see the full trial lawyers report at: Jury Finds Negligence, Awards $11.5 Million in Newborn's Death.

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

Five Attorneys at Lubin & Meyer Selected Best Lawyers in America® 2012

Five attorneys from law firm Lubin & Meyer PC were recently selected by their peers for inclusion in The Best Lawyers in America® 2012 (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.).
Andrew C. Meyer, Jr., firm founder, has been selected to Best Lawyers every year since 1995.

Partners Robert H. Higgins and William J. Thompson have been selected to the list each year since 2008 and 2010 respectively. Partners Adam Satin and Krysia J. Syska are selected for the first time to Best Lawyers in America 2012. All the firm's partners have now earned this distinction from their peers.

Meyer, Higgins, Satin and Syska are each listed in the practice area of medical malpractice law. Meyer is also listed in the area of personal injury litigation, as is Thompson.

Recognized nationally as one of the country’s leading medical malpractice and catastrophic personal injury law firms, Lubin & Meyer has obtained more than $500 million in verdicts and settlements in just the past ten years. The firm’s lawyers are licensed to practice in Massachusetts, New Hampshire and Rhode Island.

Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

Lubin & Meyer Files Suit Against Mass. General Hospital for Deadly Medication Error

Medication Error Lawsuit Against Mass General Hospital
Featured on Channel 5, WCVB TV
(Lubin & Meyer attorneys for the plaintiff.)

Attorney Andrew C. Meyer, Jr. recently for filed a wrongful death lawsuit against Massachusetts General Hospital on behalf of the family of a 76-year-old woman who died following a medication error. In the WCVBTV Channel 5 news story (see video above), medical malpractice attorney Meyer is quoted saying:

"This was a systemic failure within the hospital, within the nursing practices of the hospital and with the doctor's oversight responsibility — [there was] clear negligence on behalf of the hospital and the doctors and nurses involved."

The hospital has admitted mistakes were made and planned to institute changes.

In a related Boston Globe article, Meyer indicated he was hopeful that the hospital would make changes but had no knowledge if that had happened. Said Meyer,

“As the claim proceeds, one of our goals will be to ensure that [the hospital's proposed system] changes for the protection of patients are enacted and are adhered to.’’

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

Andrew C. Meyer, Jr. Selected "Lawyer of the Year"

Best Lawyers in America, the oldest and most respected peer-review publication in the legal profession, has named Andrew C. Meyer, Jr. as the “Lawyer of the Year, 2011.”

Meyer is the founding partner at Lubin & Meyer PC, a law firm focused on medical malpractice and catastrophic personal injury litigation with attorneys practicing in Massachusetts, New Hampshire and Rhode Island. Meyer has consistently achieved record-setting verdicts and settlements, including one of the largest personal injury awards in Massachusetts' history — $30 million dollars including interest. He has been selected to the Best Lawyers in America each year since its inception in 1995.

The president of Best Lawyers, Steven Naifeh further recognized Meyer saying, “We continue to believe — as we have believed for more than 25 years — that recognition by one’s peers is the most meaningful form of praise in the legal profession. We would like to congratulate Andrew C. Meyer, Jr. on being selected as the ‘Boston Best Lawyers Medical Malpractice Lawyer of the Year’ for 2011.”

To read more about what shaped Attorney Meyer's career as an advocate for public and patient safety, click on Consumer Advocate in Healthcare Arena.

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

Newborn's Brain Damage at Rhode Island Hospital Brings $4 Million Medical Malpractice Settlement

Washington County, RI — Lubin & Meyer attorneys have reached a settlement in a medical malpractice case involving a newborn's brain damage suffered while in care in a Rhode Island hospital's nursery. The lawsuit claims that the maternity nurses caring for the baby breached the 'standard of care' when they failed to follow the pediatricians orders that breastfeeding be supplemented by formula. The newborn became hypoglycemic with a critically low glucose level and suffered brain injuries resulting in sensor disorders and developmental delays.

Attorney for the plaintiff, William J. Thompson, claimed these violations of the standard of care resulted in hypoglycemia which has caused permanent neurological injuries and impairments.

The the full Medical Malpractice Trial Report is available on the firm's main website at: Settlement for Newborn's Brain Damage Is $4 Million.

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

Delay in Diagnosis of Thyroid Cancer: $900,000 Med Mal Settlement

Providence County, RI — Lubin & Meyer attorneys have reached a settlement in a medical malpractice case involving a man who was diagnosed with metastatic papillary carcinoma of his thyroid gland.

Attorney for the plaintiff, William J. Thompson, claimed that the defendant breached the standard of care for a primary care physician when the defendant failed to immediately follow-up on the plaintiff’s thyroid ultrasound results and failed to immediately follow-up with the radiologist’s recommendation and order a CT scan of the plaintiff’s neck. The plaintiff further alleged that this negligence led to a delay in the diagnosis and treatment of the plaintiff’s thyroid cancer.

The the full Medical Malpractice Trial Report is available on the firm's main website at: Delay in Diagnosis of Thyroid Cancer.

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

Lubin & Meyer Ranked a “Tier One” Law Firm in Medical Malpractice and Personal Injury Law by U.S. News & World Report

Medical malpractice and personal injury law firm Lubin & Meyer PC, has been awarded two Tier 1 rankings in the inaugural publication of U.S. News & World Report – Best Lawyers “Best Law Firms.” The firm received Tier 1 rankings in Medical Malpractice Law (Plaintiffs) and Personal Injury Litigation (Plaintiffs).

Lubin & Meyer, with attorneys licensed to practice in Rhode Island, Massachusetts and New Hampshire, is recognized as one of the country’s leading medical malpractice and catastrophic personal injury law firms. Lubin & Meyer’s innovative style has won more than $550 million in verdicts and settlements in just the past ten years.

Lubin & Meyer is distinguished by it creative, innovative and aggressive approach to cases that makes the firm a winner in both the courtroom and in settlement negotiations. The firm has obtained record setting verdicts and settlements in countless difficult cases, many of which had previously been rejected by other attorneys.

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law

In Rhode Island, Medical Malpractice Settlement Is $5.65 Million for Birth Injuries

Providence County, RI — Lubin & Meyer attorneys have reached a settlement in a birth injury case in Rhode Island for $5.65 million dollars. Attorney for the plaintiff, William J. Thompson, claimed that the child, who had a difficult delivery, should have been delivered by cesarean section as it was "reasonably expected that delivery through the birth canal would be traumatic."

The full medical malpractice trial report is available on the firm's main website at: Brain Damaged Baby Awarded $5.65 Million.

Lubin & Meyer PC - Rhode Island's Leader in Medical Malpractice Law