Long Island, New York Breast Cancer Victim Awarded $15 Million in Medical Malpractice Lawsuit after Initially “Missed” Diagnosis

A story about a Long Island, New York woman’s fight against breast cancer – and the negligent doctor who originally failed to catch it in its earlier stages – is still relevant and important years later today and serves as a critical reminder to breast cancer victims of their rights when it comes to doctor malpractice. According to local news reports, back in 2002 50-year-old Stephanie Tesoriero felt a small, marble-sized lump in her breast. Tesoriero diligently went to see her doctor, Dr. Paul Fisher of the Carol M. Baldwin Breast Cancer Center in Stony Brook, New York, but he found there was “no evidence of malignancy.” Tesoriero was not ordered any additional tests by Dr. Fisher, and he simply told her to go home and return for another exam in approximately one year.

However, Stephanie Tesoriero’s breast lump did not go away. In fact, 16 months later, she went for more testing, ordered by a different doctor, and that doctor found that the lump had grown to the size of a golf ball. That doctor also determined, unfortunately, that Tesoriero was suffering from breast cancer. Tesoriero underwent a mastectomy, chemotherapy, and radiation, and her cancer went into remission. At that point, Tesoriero decided it was time to sue the doctor who had negligently told her that she had no breast cancer diagnosis.

Of the terrible ordeal, Tesoriero noted, “Why didn’t they find it the first time? Why didn’t they go the extra step and do a sonogram?” She also explained her motivations for bringing the medical malpractice lawsuit in New York Court, stating, “I just wanted him to admit he made a mistake…Doctors do make mistakes.” Tesoriero was ultimately awarded $15 million, and her award was approved by a jury of all women. At the time of the award, however, Tesoriero was still fighting her breast cancer diagnosis. Tesoriero’s cancer had returned and she was required to undergo daily chemotherapy treatments.

At the end of the day, Tesoriero had a few words to share, now speaking out for other women who may end up with a negligent doctor when advocating for themselves and their health when it comes to breast cancer. Tesoriero said, “If you have any suspicions, any doubts, speak to the doctor and ask for another test.” She also added, “I don’t want to see anybody else go through this. It’s a tough fight.”

If you were injured due to a doctor’s medical malpractice in New York City, including the failure to timely diagnose, it is important to learn about your rights and options under New York laws. The experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C. are here to help victims of medical malpractice get justice. Certain time limitations apply to medical malpractice cases in New York City, so do not hesitate to speak to an experienced New York City medical malpractice lawyer today. Contact Michael Gunzburg, P.C. and speak to a lawyer about your rights and options now.

Source:

nbcnewyork.com/news/local/breast-cancer-victim-wins-15m-in-malpractice-suit/1971645/

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About Michael Gunzburg

Michael Gunzburg is a New York City personal injury and medical malpractice attorney with over 37 years of trial experience. He has represented thousands of injured clients throughout New York City's five boroughs, securing numerous multimillion-dollar verdicts and settlements, including a $20 million structured settlement for a birth injury case and a $10.1 million settlement for a construction accident victim.

Michael holds a Juris Doctorate from Brooklyn Law School and is also a Certified Public Accountant, giving him unique insight into complex financial aspects of injury cases. He is admitted to practice in New York State Courts and the U.S. District Courts for the Southern and Eastern Districts of New York.

A member of the New York State Trial Lawyers Association and the American Association of Justice, Michael has argued cases before the New York Court of Appeals and has been a member of the Brooklyn Bar Association's legal referral panel since 1989. He handles cases involving car accidents, construction injuries, medical malpractice, and wrongful death throughout NYC.

The information in this post is for educational purposes and does not constitute legal advice. For specific guidance about your situation, contact Michael Gunzburg, P.C. at 212-725-8500.