This video features the story of a mother who died following a delayed breast cancer diagnosis. Medical malpractice attorney Nancy Winkler discusses how devastating the woman’s cancer misdiagnosis was for her and her entire family, particularly her 6-year-old son. Even though the woman succumbed to the breast cancer before her case could go to trial, Nancy continued to fight to secure justice for the woman and her son.
I’ll never forget this case. This will be with me forever. I represented a woman. She was thirty seven years old and had breast cancer. Unfortunately there was a significant delay in their diagnosing her breast cancer. And because of that, she passed away right before the case tried. We knew that she might pass before trial and we took what’s called a video tape deposition to preserve a testimony for trial. And this stuck with me to this day. It makes you think. When I asked her a question about what she feared most as she looked forward, and this is a woman, the cancer had metastasized already to her brain. She didn’t have much longer to go and she knew she had a little one. And she said that what she feared most of all was that her son would forget her. And that just, that did it for me. And later I gave the video tape to the family so that her husband would be able to give it to her son. And later on when he gets a bit older, he’ll be able to watch it. He didn’t understand. I went to the families funeral, to her funeral. And what he said to me as we stood in front of her casket and I held his hand and he touched his moms hand, and he said, “why is she so cold?” He was so little, you know, he was six years old. He didn’t even quite understand what had happened. He knew mom was, you know, was dead. But he didn’t really understand what that meant. I knew that what she would want most of all was for her son to be taken care of. I couldn’t bring her back. The doctor. If the doctor would have done a biopsy in his office, she’d be here today. And he didn’t and I knew that what I needed to do was to try and get as much compensation as possible for her son so that he could go to school and know that his mom didn’t die in vain.