Missed Diagnosis Expert Witness

Missed Diagnosis

Hematology/Oncology Expert From New York

Among the most successful matters of this kind are cases of missed diagnosis. In out rushed, fragmented health care system, where doctors don’t often talk to patients and not even to one another, it is not uncommon for lab result, a finding on imaging, or even a pathology report to go missing or to be missed. In such cases, the defense cannot argue the facts and will often invoke scientifically questionable theoretical concepts such as doubling time and micrometastases to claim that the patient was already doomed, even as early as the time of the missed diagnosis. It is then my responsibility to explain why these theoretical constructs are not true in the real world. I invoke the highly theoretical nature of these concepts, their inapplicability to how cancers behave in patients and how we now think cancers actually metastasize, show graphs on which the conceptions of micrometastases relies and explain why they are not correct or clinically applicable and emphasize that in real patients cancer cells spread as clumps and groups of cells which invalidates the mathematical assumptions behind the concept of micrometastases. It falls to me to explain how the body handles micrometastases even if they do occur and how it can dispose or isolate them and the role of the immune system and tumor kinetics that make it unlikely that most micrometastases can survive and establish themselves for future growth. I point out that the curvival statistics already factor in the possibility of micrometastases. I also explain that adjuvant chemotherapy is given precisely to clear micrometastases, and had the patient been doomed, there would have been no place for adjuvant chemotherapy in early cancer.

In my limited experience with these kinds of cases, and some of them ended in multi-million dollar verdicts, I learned that telling a simple, powerful and logical story is what wins. Of course, as an expert I must speak the truth. In cases of this kind, however, the truth is usually quite clear. Telling a consistent, simple, story that hangs together is crucial and will increase the chance that our judicial system results in justice and that appropriate compensation is obtained to, in whatever measure possible, to right the wrongs committed and improve the life of those injured and their families when a diagnosis is missed.


There are numerous experts who are more than willing to provide testimony for medical malpractice and personal injury litigation cases. Finding the right one is crucial to the strength of your particular case.

Since 1983, Medical Advisors has assisted in the selection of expert witnesses in several thousand cases. Working with plaintiff and defense bar, we have provided medical opinions and testimony which have resulted in competent preparation and in-court support for cases involving medical malpractice, hospital negligence, personal injury, workers’ compensation and product liability.

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