keywords, medical cancer, medical malpractice, missed diagnosis, delayed diagnosis, medical malpractice lawyer, claim, medical malpractice lawyer, New Jersey, New York.

The abstract studies the incidence of missed diagnosis, primarily focusing on cancer Gandhi, Missed and delayed diagnoses in the ambulatory setting: a study of closed malpractice claims, Ann Intern Med. 2006 Oct 3;145(7)I12.

BACKGROUND: Although missed and delayed diagnoses have become an important patient safety concern, they remain largely unstudied, especially in the outpatient setting. OBJECTIVE: To develop a framework for investigating missed and delayed diagnoses, advance understanding of their causes, and identify opportunities for prevention. DESIGN: Retrospective review of 307 closed malpractice claims in which patients alleged a missed or delayed diagnosis in the ambulatory setting. SETTING: 4 malpractice insurance companies. MEASUREMENTS: Diagnostic errors associated with adverse outcomes for patients, process breakdowns, and contributing factors. RESULTS: A total of 181 claims (59%) involved diagnostic errors that harmed patients. Fifty-nine percent (106 of 181) of these errors were associated with serious harm, and 30% (55 of 181) resulted in death. For 59% (106 of 181) of the errors, cancer was the diagnosis involved, chiefly breast (44 claims [24%]) and colorectal (13 claims [7%]) cancer. The most common breakdowns in the diagnostic process were failure to order an appropriate diagnostic test (100 of 181 [55%]), failure to create a proper follow-up plan (81 of 181 [45%]), failure to obtain an adequate history or perform an adequate physical examination (76 of 181 [42%]), and incorrect interpretation of diagnostic tests (67 of 181 [37%]). The leading factors that contributed to the errors were failures in judgment (143 of 181 [79%]), vigilance or memory (106 of 181 [59%]), knowledge (86 of 181 [48%]), patient-related factors (84 of 181 [46%]), and handoffs (36 of 181 [20%]). The median number of process breakdowns and contributing factors per error was 3 for both (interquartile range, 2 to 4). LIMITATIONS: Reviewers were not blinded to the litigation outcomes, and the reliability of the error determination was moderate. CONCLUSIONS: Diagnostic errors that harm patients are typically the result of multiple breakdowns and individual and system factors. Awareness of the most common types of breakdowns and factors could help efforts to identify and prioritize strategies to prevent diagnostic errors.


medical malpractice lung cancer claims    cancer malpractice statute of limitations               
New York Cancer Malpractice claims       medical malpractice and clinical practice guidelines
New Jersey cancer malpractice claims     medical malpractice liability

Medical malpractice jury instruction        New York Medical malpractice law 
medical malpractice pre-existing cause    workers' compensation doctor liability for malpractice

cancer, malpractice and informed consent



Howard Gutman is a New Jersey attorney based in Parsippany, New Jersey who has handled numerous legal claims involving pulmonary tumors.   A member of the board of directors of a leading cancer support group and a caregiver, he is the author of the new book Lung Cancer and Mesothelioma.   In his legal capacity, he has appeared on Good Day New York, spoken at the National Press Club  and been interviewed by NBC Nightly News.

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Howard A. Gutman, Esq.
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Keywords, cancer, medical malpractice, missed diagnosis, delayed diagnosis, medical malpractice lawyer, claim, medical malpractice lawyer, New Jersey, New York.