OVARIAN CANCER MISDIAGNOSIS
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Ovarian Cancer Misdiagnosis Malpractice
Article-at-a-Glance
- ▪ Ovarian cancer is the deadliest gynecologic malignancy in the United States, killing approximately 12,450 women in 2026 alone – in large part because more than 75% of cases are not diagnosed until the cancer has already spread beyond the ovaries, when the five-year survival rate drops from roughly 92% to below 32%
- ▪ The symptoms of ovarian cancer – bloating, pelvic discomfort, feeling full quickly, and urinary frequency – are routinely attributed to irritable bowel syndrome, urinary tract infections, or menopause, leading to months or years of diagnostic delay during which the cancer advances from a treatable stage to a terminal one
- ▪ When imaging reveals suspicious ovarian findings – such as free fluid in the pelvis, complex cysts, or solid adnexal masses – the standard of care requires prompt follow-up including CA-125 blood testing, referral to a gynecologic oncologist, and repeat imaging; failure to act on these findings is the single most common basis for ovarian cancer malpractice claims
- ▪ In Mahamad v. Mosberg, No. 0702350/2012 (N.Y. Sup. Ct. Queens County), a gynecologist’s failure to follow up on free pelvic fluid discovered during a routine transvaginal ultrasound resulted in a nine-month delay that allowed ovarian cancer to advance from Stage I C to Stage III C – the jury returned a $3.05 million verdict for the patient’s family
Understanding Ovarian Cancer
The ovaries are a pair of small, almond-shaped organs located on either side of the uterus within the female pelvis. They serve two essential functions: producing eggs (ova) for reproduction and secreting the hormones estrogen and progesterone that regulate the menstrual cycle. Despite their small size, the ovaries can give rise to one of the most lethal cancers affecting women. In 2026, the American Cancer Society estimates that approximately 21,010 women in the United States will receive a new ovarian cancer diagnosis and roughly 12,450 will die from the disease.
What makes ovarian cancer so deadly is not that it is untreatable – it is that it is so often caught too late. The five-year survival rate for ovarian cancer diagnosed while it is still confined to the ovary (localized stage) is approximately 92%. Once the cancer spreads to nearby structures in the pelvis, survival drops to about 71%. When it reaches distant organs – which is where the majority of patients are diagnosed – the five-year survival rate falls to roughly 31%. The gap between early and late detection is not just a statistical abstraction. It is the difference between a curable disease and a death sentence.
Types of Ovarian Cancer
Ovarian cancer is not a single disease. It encompasses several distinct tumor types that arise from different cell populations within or around the ovary, each with its own biological behavior, prognosis, and treatment response. Understanding these distinctions is important both for patients navigating a diagnosis and for evaluating whether a diagnostic failure constituted a departure from the standard of care.
The Major Types of Ovarian Cancer
Epithelial ovarian cancer: This is by far the most common type, accounting for approximately 90% of all ovarian cancers. These tumors arise from the surface epithelium of the ovary or, as more recent research has established, from the epithelial lining of the fallopian tubes. The most aggressive and common subtype is high-grade serous carcinoma, which accounts for roughly 70% of epithelial ovarian cancers. Other subtypes include endometrioid, clear cell, mucinous, and low-grade serous carcinomas.
Germ cell tumors: These arise from the egg-producing cells of the ovary and are far less common, representing about 2–3% of all ovarian cancers. Germ cell tumors tend to affect younger women – often adolescents and women in their twenties – and generally carry a more favorable prognosis than epithelial cancers.
Stromal tumors: These develop from the supportive connective tissue cells that produce estrogen and progesterone. They account for roughly 5–7% of ovarian cancers. Because they produce hormones, stromal tumors may cause abnormal vaginal bleeding or other hormonal symptoms that can prompt earlier detection.
Why Ovarian Cancer Is Called the “Silent Killer”
Ovarian cancer has earned the grim nickname “silent killer” because it typically produces no obvious symptoms in its earliest, most curable stages. Unlike breast cancer, which may form a palpable lump, or cervical cancer, which can be detected through routine Pap smears, early-stage ovarian cancer develops deep within the abdominal cavity where it cannot be seen or felt during a standard pelvic exam.
The biology of the disease compounds the problem. The most common form – high-grade serous carcinoma – does not grow as a solid mass within the ovary the way most cancers develop in other organs. Instead, abnormal cells originate on the ovary or fallopian tube, then shed into the abdominal and pelvic cavity where they implant on the surfaces of other organs. By the time these implants grow large enough to cause noticeable symptoms, the cancer has already advanced to Stage III or IV. This biological pattern is the primary reason that more than three-quarters of ovarian cancers are diagnosed at an advanced stage.
Symptoms: What Patients Experience
For decades, the medical community believed ovarian cancer was truly “silent” until it reached an advanced stage. More recent research has changed that understanding. Studies now show that the majority of women with ovarian cancer – including many with early-stage disease – do experience symptoms. The problem is not that symptoms are absent; it is that the symptoms are vague, common, and easily mistaken for other conditions.
The Core Symptom Pattern
In 2007, the American Cancer Society, the Gynecologic Cancer Foundation, and the Society of Gynecologic Oncologists jointly issued a consensus statement identifying four symptoms that are significantly more likely to occur in women with ovarian cancer than in the general population: persistent abdominal bloating or increased abdominal size; pelvic or abdominal pain; difficulty eating or feeling full quickly (early satiety); and urinary urgency or frequency. The key qualifier is persistence – these symptoms occurring almost daily for more than two to three weeks, representing a change from the patient’s normal baseline.
⚠️ Symptoms That Warrant Evaluation for Ovarian Cancer
Persistent bloating that does not resolve with dietary changes or over-the-counter remedies; pelvic or lower abdominal pain that is new and unexplained; feeling unusually full after eating small amounts; needing to urinate more frequently or urgently than normal; unexplained weight loss or weight gain concentrated in the abdomen; changes in bowel habits, particularly new-onset constipation; abnormal vaginal bleeding, especially after menopause; pain during intercourse; or persistent fatigue. When these symptoms are new, frequent (occurring more days than not), and persist beyond two to three weeks, prompt medical evaluation – including pelvic imaging – is appropriate. The earlier ovarian cancer is identified, the greater the chance of successful treatment.
The Diagnostic Confusion: Why Symptoms Are Missed
The symptoms of ovarian cancer overlap substantially with several common, benign conditions. Bloating and abdominal discomfort are hallmarks of irritable bowel syndrome (IBS). Urinary frequency and urgency suggest urinary tract infections or overactive bladder. Pelvic pain may be attributed to endometriosis, ovarian cysts, or uterine fibroids. Feeling full quickly may be dismissed as acid reflux or a dietary issue. Women approaching or past menopause may have their symptoms attributed to hormonal changes.
This overlap creates a diagnostic trap. Research has found that women with ovarian cancer visit their primary care physician an average of three or more times with relevant symptoms before cancer is considered as a possible diagnosis. The average time from symptom onset to diagnosis is approximately five months – and for some women, well over a year. Each month of delay allows the cancer to advance, potentially moving from a stage where cure is likely to a stage where it is not.
The medical literature is clear: when a woman – particularly one over age 50 – presents with new, persistent symptoms in the bloating-pain-fullness-urinary symptom cluster, the standard of care requires that ovarian cancer be included in the differential diagnosis. Prescribing antacids for “reflux,” recommending a high-fiber diet for “IBS,” or prescribing antibiotics for a presumed urinary tract infection without any pelvic imaging is a failure that allows a treatable cancer to become a lethal one.
Risk Factors: Who Is Most Vulnerable
Age and Reproductive History
Ovarian cancer risk increases with age. Half of all ovarian cancers are diagnosed in women over 62, with the average age at diagnosis being 63. Risk also rises with the total number of lifetime ovulatory cycles a woman experiences. Factors that increase ovulatory cycles – never having been pregnant (nulliparity), early onset of menstruation (before age 12), and late menopause (after age 52) – are all associated with increased risk. Conversely, factors that suppress ovulation, such as pregnancy, breastfeeding, and oral contraceptive use, are associated with decreased risk. Five or more years of oral contraceptive use reduces ovarian cancer risk by approximately 50%.
Genetic and Family History
Inherited genetic mutations account for an estimated 15–25% of all ovarian cancers. The most significant are mutations in the BRCA1 and BRCA2 genes. Women who carry a BRCA1 mutation have a lifetime ovarian cancer risk of approximately 35–70%, compared to roughly 1.3% in the general population. BRCA2 carriers face a lifetime risk of approximately 10–30%. Mutations in other DNA repair genes – including RAD51C, RAD51D, BRIP1, and genes associated with Lynch syndrome (MLH1, MSH2, MSH6, PMS2) – also confer elevated risk.
A family history of ovarian cancer in a first-degree relative (mother, sister, or daughter) increases a woman’s own risk even when no known genetic mutation has been identified. Family history of breast, colorectal, or endometrial cancer may also signal inherited syndromes that include ovarian cancer risk. The standard of care requires that physicians take a thorough family cancer history and refer patients with concerning patterns for genetic counseling and testing.
Other Established Risk Factors
Hormone replacement therapy (HRT) containing estrogen, particularly when used for five or more years after menopause, has been associated with an increased risk of ovarian cancer. Endometriosis – a condition in which uterine tissue grows outside the uterus – has been linked to increased risk of certain ovarian cancer subtypes, particularly clear cell and endometrioid carcinomas. Obesity, particularly after menopause, is associated with a modestly increased risk.
Diagnosis: How Ovarian Cancer Should Be Identified
There is currently no validated screening test for ovarian cancer in the general population. Major clinical trials – including the Prostate, Lung, Colorectal and Ovarian (PLCO) Cancer Screening Trial and the UK Collaborative Trial of Ovarian Cancer Screening (UKCTOCS) – found that annual screening with CA-125 blood tests and transvaginal ultrasound did not reduce mortality in average-risk women and led to complications from unnecessary surgeries prompted by false-positive results. For this reason, routine population-based screening is not recommended.
This means that the diagnosis of ovarian cancer depends almost entirely on the clinical acumen of the treating physician. When a patient presents with suspicious symptoms, or when imaging reveals an unexpected finding, the physician must act promptly and methodically. Delay, dismissal, or failure to follow up is where the vast majority of ovarian cancer malpractice claims originate.
Transvaginal Ultrasound: The First-Line Imaging Tool
Transvaginal ultrasound (TVUS) is the primary imaging modality used to evaluate suspected ovarian pathology. A high-frequency ultrasound probe is inserted into the vagina, providing detailed images of the ovaries, fallopian tubes, and surrounding pelvic structures. TVUS can detect ovarian cysts, solid masses, and the presence of free fluid in the cul-de-sac (the space between the uterus and rectum, also known as the pouch of Douglas).
Several ultrasound findings warrant further evaluation and should not be dismissed as benign without appropriate workup:
Ultrasound Findings That Require Follow-Up
Complex ovarian cysts: Cysts containing both solid and fluid components, thick septations (internal walls thicker than 3 mm), papillary projections (finger-like growths extending into the cyst cavity), or irregular borders. Simple, thin-walled cysts are common and usually benign; complex cysts require further evaluation.
Solid adnexal masses: Any predominantly solid mass on or near the ovary is concerning for malignancy and warrants urgent evaluation.
Free pelvic fluid (ascites): A small amount of free fluid can be normal, particularly around ovulation. However, new or increasing free fluid, especially in a postmenopausal woman or a woman not at the ovulatory phase of her cycle, is a significant finding that may indicate peritoneal involvement by cancer.
Increased blood flow (vascularity): Doppler ultrasound showing increased, irregular, or low-resistance blood flow within an ovarian mass raises the suspicion for malignancy, as cancerous tumors recruit new blood vessels (neovascularization).
Enlarged ovary in a postmenopausal woman: After menopause, the ovaries normally shrink. An ovary that is enlarged or palpable on examination in a postmenopausal woman is abnormal and demands further investigation.
CA-125: An Important but Imperfect Blood Test
CA-125 (Cancer Antigen 125) is a protein produced on the surface of ovarian cancer cells that can be detected in the bloodstream. A level above 35 U/mL is generally considered elevated. CA-125 is elevated in approximately 80% of women with advanced epithelial ovarian cancer and about 50% of those with early-stage disease.
CA-125 has significant limitations. It is not specific to ovarian cancer and can be elevated in many benign conditions, including endometriosis, uterine fibroids, pelvic inflammatory disease, liver disease, and even menstruation. It can also be normal in women who do have ovarian cancer, particularly in early stages or in certain histologic subtypes such as mucinous or clear cell carcinomas. For these reasons, CA-125 is not used as a standalone screening test.
However, CA-125 becomes a critical tool when used in context. When a woman has an adnexal mass or other suspicious pelvic findings, an elevated CA-125 significantly increases the probability that the finding is malignant. The standard of care requires that CA-125 be ordered as part of the workup when imaging reveals a suspicious ovarian finding – particularly in postmenopausal women, where benign causes of CA-125 elevation are less common. Failure to order a CA-125 when imaging shows a suspicious ovarian mass or unexplained pelvic free fluid is a deviation from the accepted standard of care.
The Critical Error: Ignoring Free Pelvic Fluid
Free fluid in the pelvis (also called ascites or cul-de-sac fluid) discovered on ultrasound is one of the most commonly missed or dismissed findings in ovarian cancer malpractice cases. While a small amount of pelvic fluid can be physiologically normal, new free fluid that was not present on prior imaging is a red flag that demands investigation. In the landmark New York case Mahamad v. Mosberg, No. 0702350/2012 (N.Y. Sup. Ct. Queens County), the gynecologist noted free pelvic fluid on a transvaginal ultrasound that had not been present on previous examinations – and then reported the study as normal without ordering a CA-125 blood test or referring the patient to a gynecologic oncologist. Nine months later, the patient was diagnosed with Stage III C ovarian cancer that had metastasized to her uterus, liver, and other organs. She died approximately two years later. The jury returned a verdict of $3.05 million for the patient’s estate and family.
Additional Diagnostic Tools
When initial imaging and blood work raise suspicion for ovarian cancer, additional studies are typically ordered to further characterize the mass and assess for spread. CT scan of the abdomen and pelvis provides a comprehensive view of the extent of disease, including involvement of lymph nodes, the omentum (fatty tissue lining the abdominal cavity), and distant organs. MRI of the pelvis offers superior soft-tissue contrast and can help distinguish between benign and malignant ovarian masses when ultrasound findings are indeterminate. PET/CT may be used to evaluate for distant metastatic disease.
However, no imaging study can definitively diagnose ovarian cancer. Surgical biopsy – typically performed during a staging laparotomy or laparoscopy by a gynecologic oncologist – is the only way to confirm the diagnosis. This is why the standard of care requires prompt referral to a gynecologic oncologist when ovarian cancer is suspected, rather than a prolonged period of “watchful waiting” that allows the cancer to spread.
Referral to a Gynecologic Oncologist: The Standard of Care
Multiple professional organizations, including the American College of Obstetricians and Gynecologists (ACOG) and the Society of Gynecologic Oncology (SGO), have issued guidelines stating that women with suspected ovarian malignancy should be referred to a gynecologic oncologist for surgical evaluation and treatment. Research consistently demonstrates that patients with ovarian cancer who are operated on by a gynecologic oncologist – rather than a general gynecologist or general surgeon – receive more complete surgical staging, more thorough debulking of tumor, and experience significantly better survival outcomes.
The standard of care requires that general gynecologists, primary care physicians, and emergency room physicians recognize the signs that suggest possible ovarian malignancy and make this referral promptly. Failure to refer a patient with a complex ovarian mass, elevated CA-125, or other concerning findings to a gynecologic oncologist is a departure from the standard of care that can have fatal consequences.
Treatment: Staging, Surgery, and Chemotherapy
FIGO Staging: Determining the Extent of Disease
Ovarian cancer is staged using the International Federation of Gynecology and Obstetrics (FIGO) system, which is determined surgically. Accurate staging is essential because it dictates treatment and prognosis:
FIGO Staging of Ovarian Cancer
Stage I: Cancer is confined to one or both ovaries. Stage I A involves one ovary with intact capsule. Stage I B involves both ovaries. Stage I C involves rupture, surface involvement, or malignant cells in peritoneal washings. Five-year survival: approximately 92%.
Stage II: Cancer has spread from the ovary to other pelvic structures (uterus, fallopian tubes, bladder, sigmoid colon, or rectum) but remains within the pelvis. Five-year survival: approximately 70%.
Stage III: Cancer has spread beyond the pelvis to the lining of the abdomen (peritoneum) and/or to retroperitoneal lymph nodes. This is the most common stage at diagnosis for epithelial ovarian cancer. Five-year survival: approximately 39%.
Stage IV: Cancer has spread to distant organs such as the liver parenchyma (inside the liver, not just its surface), lungs, or other sites outside the abdomen. Five-year survival: approximately 17%.
Primary Cytoreductive (Debulking) Surgery
Surgery is the cornerstone of ovarian cancer treatment. The primary goal is complete resection of all visible tumor – a concept known as “optimal debulking” or “optimal cytoreduction.” Residual tumor of less than 1 cm after surgery has historically been considered “optimal,” but the current goal at specialized centers is complete gross resection with no visible residual disease. The extent of surgery achieved is one of the single most important predictors of survival.
A standard surgical procedure for ovarian cancer includes total hysterectomy (removal of the uterus), bilateral salpingo-oophorectomy (removal of both ovaries and both fallopian tubes), omentectomy (removal of the omentum), pelvic and para-aortic lymph node dissection, and removal of any other tumor deposits visible in the abdominal cavity. In advanced cases, debulking may require bowel resection, diaphragm stripping, splenectomy, or resection of liver surface metastases.
Chemotherapy
With the exception of some Stage I A tumors, virtually all ovarian cancers require chemotherapy following surgery. The standard first-line regimen for epithelial ovarian cancer is a combination of a platinum-based drug (carboplatin) and a taxane (paclitaxel), typically administered intravenously every three weeks for six cycles. Some patients may be candidates for intraperitoneal (IP) chemotherapy, where drugs are delivered directly into the abdominal cavity, or for neoadjuvant chemotherapy (NACT), where chemotherapy is given before surgery to shrink the tumor and improve surgical outcomes.
For patients with BRCA mutations or other homologous recombination deficiency (HRD), maintenance therapy with PARP inhibitors (olaparib, niraparib, or rucaparib) following completion of chemotherapy has been shown to significantly extend progression-free survival and has become a standard part of treatment.
When Ovarian Cancer Misdiagnosis Becomes Medical Malpractice
Not every ovarian cancer that is diagnosed at an advanced stage is the result of medical negligence. The biology of the disease makes early detection inherently challenging, and no currently available screening test can reliably catch ovarian cancer in asymptomatic women. However, there is a critical distinction between a cancer that was genuinely undetectable and one that was detectable but missed because a physician failed to act on available clinical information.
Medical malpractice in the ovarian cancer context most commonly falls into one of several patterns: failure to investigate persistent symptoms consistent with ovarian cancer; failure to follow up on abnormal imaging findings (particularly free pelvic fluid, complex cysts, or adnexal masses); failure to order appropriate blood work (CA-125) when imaging raises concern; failure to refer the patient to a gynecologic oncologist when malignancy is suspected; and misinterpretation of diagnostic tests that delays the correct diagnosis.
Under New York law, a plaintiff in a medical malpractice case must prove four elements: that the physician owed a duty of care to the patient; that the physician breached the accepted standard of care; that the breach was a proximate cause of the patient’s injuries; and that the patient suffered actual damages as a result. In cancer cases, the damages are often catastrophic – the difference between a curable, early-stage cancer and a terminal, advanced-stage cancer that claims the patient’s life.
The “Loss of Chance” Doctrine in Cancer Cases
A recurring question in cancer malpractice cases is whether the patient would have survived if the cancer had been diagnosed earlier. New York courts have recognized that a delayed diagnosis can deprive a patient of a “substantial possibility” of a better outcome, even if survival was not guaranteed. Under the loss-of-chance doctrine, a plaintiff does not need to prove that earlier diagnosis would have certainly saved the patient’s life – only that the delay diminished the patient’s chance of survival or subjected the patient to more aggressive and harmful treatments that would not have been necessary at an earlier stage. Goldberg v. Horowitz, 73 A.D.3d 691 (N.Y. App. Div. 2d Dep’t 2010).
In ovarian cancer cases, the stage-migration analysis is particularly powerful. Because survival rates drop so dramatically between Stage I (approximately 92% five-year survival) and Stage III (approximately 39%), even a relatively short diagnostic delay that allows the cancer to advance from one stage to the next can represent a catastrophic loss of survival probability. Expert testimony from a gynecologic oncologist can establish what stage the cancer likely occupied at the time the physician should have acted, compared to the stage at which it was ultimately diagnosed, and the difference in survival probability between those two stages.
Ovarian Cancer Malpractice Case Digests
The following case digests illustrate the real-world consequences of diagnostic failures in ovarian cancer. The first case was handled by this firm; the remaining cases are drawn from independent court records, verdict reporters, and legal publications to provide broader context on how courts have evaluated these claims.
Mahamad v. Mosberg, No. 0702350/2012 (N.Y. Sup. Ct. Queens County)
Verdict: $3.05 million plus reimbursement of Medicaid and Medicare liens
Attorney: Robert Miklos, Silberstein & Miklos, P.C.
Type: Wrongful death – failure to diagnose ovarian cancer
Court: Supreme Court, Queens County, New York
Hamidan Mahamad, a woman in her middle 60s, underwent a routine annual gynecological examination performed by Dr. Herbert Mosberg, an obstetrician employed by the Hollis Women’s Center in Queens. As part of the examination, a transvaginal ultrasound was performed. The ultrasound revealed the presence of free fluid in Mrs. Mahamad’s pelvis – a finding that had not been present on any of her previous ultrasound examinations.
Despite this new and abnormal finding, Dr. Mosberg reported the ultrasound as normal and took no further action. He did not order a CA-125 blood test to evaluate for possible ovarian malignancy. He did not order follow-up imaging to monitor the free fluid. He did not refer Mrs. Mahamad to a gynecologic oncologist for further evaluation. He simply filed the report and moved on.
Nine months later, Mrs. Mahamad was diagnosed with ovarian cancer that had already metastasized to her uterus, liver, and other organs – Stage III C disease. She endured several rounds of chemotherapy and underwent surgery, but the cancer was too advanced. She passed away approximately two years after her diagnosis, survived by two adult children.
The Mahamad estate and family sued Dr. Mosberg and his employer, alleging that he deviated from the standard of care by failing to investigate the ultrasound finding of new free pelvic fluid. The plaintiff’s expert in obstetrics and gynecology testified that the standard of care required Dr. Mosberg to follow up on the abnormal ultrasound by ordering a CA-125 blood test and referring the patient to a gynecologic oncologist. Had these steps been taken, Mrs. Mahamad’s cancer would have been identified at approximately Stage I C rather than Stage III C, with a dramatically different prognosis. The Mahamad family did not claim lost income.
The jury returned a verdict of $3.05 million plus reimbursement of Medicaid and Medicare liens.
Source: Mahamad v. Mosberg, No. 0702350/2012 (N.Y. Sup. Ct. Queens County). Case digest independently published by Kreisman Law Offices, September 26, 2018. Also independently reported by Miller & Zois, LLC in their ovarian cancer verdict database.
Reproductive Endocrinologist Fails to Diagnose Ovarian Cancer During Fertility Treatment – $11 Million Verdict
Verdict: $9.5 million ($5M present pain and suffering, $4M future pain and suffering, $500K loss of consortium), plus interest totaling over $11 million
Type: Failure to diagnose ovarian cancer during fertility treatment
Source: Reported by Endocrinology Advisor
A 35-year-old woman sought help at a fertility clinic after three years of unsuccessful attempts to conceive. Her treating reproductive endocrinologist performed multiple ultrasounds during the course of fertility treatment that showed an abnormality associated with her ovary. Rather than investigating the abnormality or ordering additional diagnostic testing, the physician assumed the finding was benign and continued with fertility treatment.
Over the course of more than a year of treatment, the abnormality was repeatedly noted but never worked up. When the cancer was finally diagnosed, it had progressed to an incurable stage. The plaintiff alleged that the physician should have recognized the abnormal ultrasound findings as potentially cancerous and ordered further testing, such as exploratory laparoscopy, to confirm or exclude cancer before continuing fertility treatments.
The defense argued that the abnormality did not present as cancer typically does and that earlier diagnosis would not have changed the patient’s outcome. The jury disagreed, returning a verdict of $9.5 million, which with interest exceeded $11 million.
Source: Case reported by Endocrinology Advisor, September 2025. Patient and physician names withheld in the published report.
Gynecologist Fails to Act on Abnormal Ultrasound – $9 Million Settlement (California)
Settlement: $9 million
Type: Failure to diagnose early-stage ovarian cancer
Jurisdiction: California
A 39-year-old woman’s gynecologist failed to act on multiple abnormal ultrasound results showing a complex ovarian mass. By the time the correct diagnosis was reached, the cancer had spread beyond the ovaries. The patient underwent aggressive treatment that would not have been necessary had the cancer been diagnosed when the initial abnormal ultrasound was obtained. The case settled for $9 million to compensate for medical expenses, permanent disability, and pain and suffering.
Source: Reported by Helbock Law, San Diego, California. Specific case citation withheld in the published summary.
Plunkard v. Marks, No. 1:18CV01536 (M.D. Pa.) – $1.34 Million Verdict
Verdict: $1.34 million (including $115,000 for past lost income)
Type: Failure to rule out ovarian cancer after complex cyst finding
Court: United States District Court, Middle District of Pennsylvania
Chasidy Plunkard, 40, experienced pelvic pain and irregular bleeding. A transvaginal ultrasound revealed a cyst in her right ovary, and she was referred to an OB/GYN. The defendant physician failed to adequately evaluate the ultrasound findings, did not order appropriate follow-up imaging (such as MRI), and critically, did not take steps to rule out ovarian cancer. By the time the cancer was correctly diagnosed, the prognosis was poor. The jury awarded $1.34 million after finding the physician breached the standard of care by failing to evaluate the findings of the transvaginal ultrasound and failing to rule out ovarian cancer.
Source: Plunkard v. Marks, No. 1:18CV01536 (M.D. Pa.). Case digest published by Kreisman Law Offices, July 18, 2022.
Was Your Ovarian Cancer Diagnosed Too Late?
If a physician failed to investigate your symptoms, ignored abnormal ultrasound findings, or failed to order a CA-125 test when your imaging raised concern, your cancer may have been caught earlier – at a stage where the survival rate is dramatically higher. Our medical malpractice attorneys have recovered over $1 billion for injured patients across New York.
Common Patterns of Negligence in Ovarian Cancer Cases
1. Failure to Investigate Persistent Symptoms
Patients who present repeatedly with bloating, pelvic pain, early satiety, and urinary changes deserve a workup that includes pelvic imaging. When a physician treats these symptoms as IBS, reflux, or a urinary tract infection without ever ordering an ultrasound – particularly in a woman over 50 – the physician has failed to include ovarian cancer in the differential diagnosis. If the cancer was diagnosable at the time the symptoms were first reported, and later becomes incurable due to the delay, this failure constitutes a departure from the standard of care.
2. Failure to Follow Up on Abnormal Imaging
This is the pattern seen in Mahamad v. Mosberg. A transvaginal ultrasound reveals a finding that is new, abnormal, or concerning – free fluid, a complex cyst, a solid mass – and the physician either dismisses it as normal or makes a mental note to “monitor it” without creating a concrete follow-up plan. The finding is buried in the chart, the patient is not informed of its significance, and no further evaluation is ordered. Months or years later, the cancer that was signaling its presence through that finding is diagnosed at an advanced, incurable stage.
3. Failure to Order a CA-125 Blood Test
When imaging reveals a suspicious ovarian finding in a postmenopausal woman, the standard of care requires a CA-125 blood test. While CA-125 is not useful as a general screening test, it is an essential component of the workup when there is already a clinical reason to suspect ovarian pathology. A physician who identifies a complex ovarian mass on ultrasound but does not order CA-125 has omitted a simple, inexpensive, widely available test that could have prompted the referral and evaluation that leads to timely diagnosis.
4. Failure to Refer to a Gynecologic Oncologist
When the combination of symptoms, imaging, and blood work raises a reasonable suspicion of ovarian cancer, the standard of care requires referral to a gynecologic oncologist – not continued monitoring by a general gynecologist, not reassurance that “it’s probably nothing,” and not a general surgical consultation. Gynecologic oncologists have specialized training in the surgical management of gynecologic cancers, and outcomes data consistently shows that patients operated on by these specialists have better survival than those treated by non-specialists.
5. Laboratory Errors and Misinterpretation of Test Results
Less common but equally devastating are cases where laboratory errors lead to false-negative results – a CA-125 test that is incorrectly reported as normal, a pathology specimen that is misread, or an imaging report that fails to mention a significant finding. In these cases, the malpractice may lie with the laboratory, the pathologist, or the radiologist rather than the treating gynecologist.
Statute of Limitations in New York
Under N.Y. C.P.L.R. § 214-a, the statute of limitations for medical malpractice in New York is two years and six months from the date of the alleged malpractice, or from the last date of a continuous course of treatment by the physician whose negligence caused the injury. For wrongful death claims, the statute is two years from the date of death under N.Y. E.P.T.L. § 5-4.1.
Because cancer cases involve a period of latency between the negligent act (failing to diagnose) and the discovery of the true diagnosis, determining when the statute of limitations begins to run can be complex. Patients and families who suspect that an ovarian cancer diagnosis was delayed by medical negligence should consult with an attorney as soon as possible to ensure that applicable deadlines are not missed.
Time Limits Apply to Cancer Malpractice Claims
New York law imposes strict deadlines for filing medical malpractice and wrongful death claims. If you or a family member received a delayed ovarian cancer diagnosis, contact our attorneys for a free case evaluation before the filing window closes.
Frequently Asked Questions About Ovarian Cancer Malpractice
Can I sue if my doctor missed my ovarian cancer because there is no screening test?
The absence of a routine screening test does not shield a physician from liability. While there is no population-based screening protocol for ovarian cancer, the standard of care still requires physicians to investigate persistent symptoms, follow up on abnormal imaging, and include ovarian cancer in the differential diagnosis when the clinical picture warrants it. If your physician had information – symptoms you reported, imaging findings, lab results – that should have prompted further investigation, and the failure to investigate allowed your cancer to advance, that may constitute actionable malpractice.
What is the difference between a “delayed diagnosis” and a “missed diagnosis” in an ovarian cancer case?
A missed diagnosis means the physician failed to identify that the patient had ovarian cancer at all – the patient may have been told she had IBS, a urinary tract infection, or a benign ovarian cyst, and the correct diagnosis was never made until the cancer had advanced. A delayed diagnosis means the physician eventually diagnosed the cancer, but took too long to do so – perhaps by monitoring a suspicious finding for months rather than ordering immediate workup. Both can form the basis of a malpractice claim if the delay caused the cancer to advance to a more dangerous stage.
What damages can be recovered in an ovarian cancer malpractice lawsuit?
Damages in ovarian cancer cases may include past and future medical expenses (including costs of chemotherapy, surgery, hospitalization, and palliative care that would not have been necessary with an earlier diagnosis); past and future lost wages and earning capacity; physical pain and suffering; emotional distress; loss of enjoyment of life; and, in wrongful death cases, damages for the loss of parental guidance, loss of companionship, and funeral expenses. In Mahamad v. Mosberg, the jury awarded $3.05 million even though the family did not claim lost income – the damages were based entirely on pain, suffering, and the wrongful death itself.
My doctor found a cyst on my ovary and told me to “come back in six months.” Is that malpractice?
It depends on the characteristics of the cyst. A simple, thin-walled cyst in a premenopausal woman may appropriately be monitored with a repeat ultrasound in six to eight weeks. However, a complex cyst (with solid components, thick septations, or papillary projections), a cyst in a postmenopausal woman, or a cyst accompanied by other concerning findings (elevated CA-125, ascites, symptoms) requires more urgent evaluation – not a six-month waiting period. If your physician recommended prolonged monitoring of a cyst that had features suggesting possible malignancy, and the delay in diagnosis harmed you, that may constitute a departure from the standard of care.
How much is an ovarian cancer malpractice case worth?
The value of an ovarian cancer case depends on many factors, including the patient’s age, the stage at which the cancer should have been diagnosed versus the stage at which it was actually diagnosed, the difference in survival probability between those stages, whether the delay resulted in death, the patient’s lost earning capacity, the cost of additional medical treatment caused by the delay, and the extent of pain and suffering. Published verdicts in ovarian cancer cases range from approximately $1 million to over $11 million, with wrongful death cases typically at the higher end of that range.
Do I need a medical expert to pursue an ovarian cancer malpractice case?
Yes. New York law requires that medical malpractice complaints be filed with a certificate of merit, in which the plaintiff’s attorney certifies that they have consulted with at least one medical expert who has reviewed the case and concluded that the claim has merit. In ovarian cancer cases, expert testimony – typically from a board-certified gynecologic oncologist or an expert in obstetrics and gynecology – is essential to establish what the standard of care required, how the defendant physician deviated from that standard, and how the deviation caused the patient’s injuries.
Disclaimer: This page is provided for informational purposes only and does not constitute legal or medical advice. The case results described above are specific to those particular cases and do not guarantee any particular outcome. Prior results do not guarantee a similar outcome in future cases. Medical information on this page is based on published clinical guidelines and peer-reviewed medical literature as of February 2026 and should not be used as a substitute for professional medical advice, diagnosis, or treatment. If you are experiencing symptoms that concern you, please consult a qualified healthcare provider. If you believe you have a potential medical malpractice claim, contact an attorney to discuss your specific circumstances.
Why Choose Us?
Our Brooklyn medical malpractice attorneys are different than other New York lawyers. We know that patients looking for help with a potential malpractice case have been through enough trauma and pain already. We view it as our job to lessen that pain as much as possible, all while fighting to achieve the maximum compensation possible for injuries resulting from a medical practitioner or facility’s negligence.
We have the legal team and experience to handle the toughest of medical malpractice cases. We also work directly with a team of medical professionals to examine and evaluate malpractice cases. We have recovered millions of dollars for our clients, including a $14 million verdict for blindness caused by medical malpractice.
If you believe your illness or injury is the result of a negligent practitioner or facility, call our skilled medical malpractice lawyers today to find out how we can help.
What constitutes medical malpractice?
Medical malpractice is the failure to provide a patient with care that meets the industry wide standard. If a court finds that the actions of a physician or other medical professional are contrary to what most medical professionals would have done, they may be liable for damages associated with those injuries.
When most people think of medical malpractice, they think of an improperly or poorly performed medical procedure. While this is true, a medical practitioner or facility may also be liable for the following:
At Silberstein & Miklos, P.C. our Brooklyn medical malpractice attorneys have prosecuted nearly one thousand medical malpractice cases. We are experienced in cases involving illness and injury such as:
How Experienced Brooklyn Medical Malpractice Lawyers Can Help
People are often their most vulnerable when under the care and treatment of a medical professional. Unfortunately, there are some medical professionals and facilities who fail to meet the standard duty of care and responsibility owed to each patient they treat.
If you were injured due to a careless medical practitioner or facility’s actions, you may be angry or in shock, and unsure of your next steps. Contact the Brooklyn medical malpractice attorneys at Silberstein & Miklos, P.C. to learn of your legal options. We pride ourselves in standing by our clients’ side each step of the way and fighting aggressively to hold the person responsible for their injuries accountable.
We have three decades of experience resolving medical malpractice cases. Let us help you. Call Silberstein & Miklos today for a free consultation. Just remember to “ASK 4 SAM” and call 877-ASK4SAM
Why Choose Us?
At Silberstein & Miklos, P.C., our New York City medical malpractice attorneys understand that patients seeking legal help have already endured enough pain, stress, and uncertainty. When medical care goes wrong, the consequences can be life-altering. Our role is to reduce that burden—by taking on the legal fight—while pursuing the maximum compensation available for injuries caused by medical negligence.
We have the legal strength and resources to handle the most challenging medical malpractice cases throughout all five boroughs of NYC. Our attorneys work directly with qualified medical professionals to thoroughly evaluate claims, identify deviations from accepted standards of care, and build cases that withstand aggressive defense tactics.
Our firm has recovered millions of dollars for injured patients and their families, including a $14 million verdict for blindness caused by medical malpractice. Results like these come from preparation, experience, and an unwavering commitment to accountability.
If you believe your injury or illness was caused by a negligent medical provider or facility, contact our medical malpractice attorneys today to learn how we can help.
What Constitutes Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to deliver care that meets the accepted medical standard, and that failure causes harm to a patient. If a physician, hospital, or medical professional acts in a way that a reasonably competent provider would not under similar circumstances, they may be held legally responsible for the resulting injuries.
While malpractice often involves surgical errors, negligence can take many forms, including delayed diagnosis, misdiagnosis, medication errors, anesthesia mistakes, birth injuries, failure to monitor, and improper post-treatment care.
Our attorneys have prosecuted nearly one thousand medical malpractice cases, giving us extensive experience across a wide range of serious medical injuries and complex claims.
How Experienced NYC Medical Malpractice Lawyers Can Help
Patients are often at their most vulnerable when under medical care. Unfortunately, some providers and facilities fail to meet the duty of care owed to those they treat. When that happens, the consequences can affect every aspect of a person’s life.
If you were injured due to the careless actions of a medical professional or facility anywhere in New York City, you may feel overwhelmed or unsure of your next steps. Our attorneys are here to guide you—clearly explaining your legal options, protecting your rights, and pursuing accountability with focus and determination.
With over three decades of experience handling medical malpractice claims, we know how to investigate complex medical issues, work with credible experts, and present compelling cases through negotiation or trial.
Benefits of Working With Our Firm
Medical negligence causes unnecessary physical, emotional, and financial harm. Our role is to prove that negligence occurred and to connect that failure directly to your injuries.
We build strong cases by eliminating doubt—using thorough medical analysis, expert testimony, and precise documentation. Our attorneys are accessible by phone, email, or in person, and we take the time to understand your situation before crafting a strategy tailored to your case.
New clients benefit from our firm’s proven results, reputation for integrity, and commitment to professionalism. We are proud to stand among respected medical malpractice firms at both the state and national level.
Speak With a New York City Medical Malpractice Attorney
The aftermath of medical malpractice can be devastating. Let our experienced NYC medical malpractice attorneys help you evaluate your situation and determine whether you have a valid claim.
We are focused on obtaining compensation as efficiently and effectively as possible—without losing sight of the human impact behind every case.
For a free consultation, remember to:
ASK 4 SAM 877-ASK-4-SAM
THE CONSULTATION IS FREE
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