Final Verdict: Failure to Notify was Malpractice

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Final Verdict: Failure to Notify was Malpractice

All medical malpractice cases are challenging. Medical providers fight the hardest when they are under indictment by injured plaintiffs, and a medical malpractice attorney will need to hire experts, collect evidence, and establish a clear showing that the provider violated standards of medical care. Additionally, they must prove that the violation of care caused or worsened the injuries. Only then can an injured patient receive compensation for everything that they’ve been through. Final Verdict: Failure to Notify was Malpractice

One of the most straightforward ways to show medical malpractice is misdiagnosis. Patients trust their doctors to make accurate, clear assessments of symptoms and provide good recommendations. Not every medical condition is immediately discernible — the television show House gave examples of that in almost every episode — but a doctor should still be honest about those limitations and recommend further investigation if they are unsure what is going on.

Misdiagnosis becomes medical malpractice when a doctor has clear signs of what is wrong but fails to act, or doesn’t prescribe the correct diagnostic steps for the symptoms that are presented. If this failure results in a lack of prompt treatment, the consequences can be severe. Certain medical conditions require immediate action and grow much worse if ignored. A patient who follows poor medical advice and ignores symptoms has a valid medical malpractice claim if further harm results.  Cohen & Cohen

In 2011, Maryland resident Roslyn Baxter had a hysterectomy performed by Lauren Rodgers, a medical doctor who had been hired to conduct the surgery. During the surgery, Dr. Rodgers found tumors in Roslyn’s uterus and extracted samples. Unknown to Roslyn, Dr. Rodgers had the samples analyzed by an independent pathologist, who determined that they were cancerous and recommended follow-up treatment and cancer screenings.

For three years, however, Dr. Rodgers did nothing. Only in 2014, after Roslyn visited an oncologist, was it discovered that cancer in her uterus had metastasized and spread to her lungs. By the time of trial in 2017, the lung cancer had progressed to Stage 4 sarcoma. Roslyn sued, arguing that Dr. Rodgers had breached the ordinary medical standard of care by failing to disclose cancer when there might have been time to treat it more aggressively. 

Dr. Rodgers argued that she had not violated the ordinary standard of care, claiming that a note from a 2011 meeting called for a discussion of the pathology findings. She also argued that even if cancer had been detected sooner, it would not have changed the outcome for Roslyn. She questioned whether the lung cancer had actually developed from uterine cancer.

Over the course of the five-day trial, numerous experts testified for a six-person jury in Prince George’s County, Maryland. In the end, the jury was uncertain whether uterine cancer had actually been the causal factor for the sarcoma. However, they found Dr. Rodger had failed to notify Roslyn or properly advise her about the necessity of follow-up treatment. This was so egregious that they awarded a judgment of $1,000,000.00 for her pain and suffering.

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L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
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I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
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May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.

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