The Poughkeepsie Journal reports that a local doctor was cleared of medical malpractice claims in the case of a woman who claimed that he did not detect her breast cancer in time.
The woman's New York injury lawyer filed the $10 million dollar lawsuit against Dr. Thomas Murray, the plaintiff's gynecologist, because he failed to detect a tumor during an examination in July 2004. Dr Murray stated that the patient had not complained of breast pain or lumps. On March, 31, 2005, the patient visited another physician, Dr. Sumita Mazumdar. At this visit which was 8 and 9 months after her visit to Dr. Murray, the patient wrote on a form that she was experiencing pain in her breast.
The Poughkeepsie Journal reported that Dr. Mazumdar's testimony during the trial explained that when she examined the patient, she noted a lump in the woman's left breast that was later described as "highly suspicious." Since she was unable to tell if the lump was a cyst or a tumor, Dr. Mazumdar ordered more tests, which later determined that the patient had "incurable cancer." By the time that it was discovered, the cancer had traveled all the way to the patient's back bone.
The patient's New York injury lawyer, Thomas O'Malley, said in his closing arguments that, "based on the math, and based on science, [Murray] was negligent."
However, the Poughkeepsie Journal reported that experts for Dr. Murray stated the opposite when they testified that at the time of her appointment with Dr. Murray, "the tumor was probably too small to detect."
Related Resources:
- Failed/ Erroneous Diagnosis and Treatment (FindLaw)
- Medical Malpractice: Background (FindLaw)
- What is "Actionable" Medical Malpractice (FindLaw)
- Directory for a New York injury lawyer (FindLaw)
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