Breast Cancer Malpractice Lawsuit Settles for $1.25 Million

Medical Malpractice Trial Report

Failure to Diagnose Breast Cancer in 50-year-old Woman

The plaintiff is a 50-year-old woman who was diagnosed with metastatic breast cancer in November 2003. Sixteen (16) months earlier, in July 2002, the plaintiff underwent bilateral mammograms after complaining of left breast tenderness. The defendant physician, the radiologist who interpreted the mammograms, reported that both the left breast and right breast were normal. In November 2003, the plaintiff underwent a routine screening mammogram. The mammogram revealed a suspicious area in the right breast. The plaintiff had never had any right breast complaints. A diagnostic work-up determined that the plaintiff had a primary right breast cancer with metastases to the right hip, right femur, and her spine. Since her diagnosis, the plaintiff has undergone extensive treatment, including chemotherapy, radiation, hormone therapy, and surgery. The plaintiffs’ experts were prepared to testify that the plaintiff’s July 2002 mammograms revealed an abnormality suspicious for cancer in the right breast and that the defendant radiologist was negligent for failing to identify and report the abnormality. The plaintiffs’ experts were also prepared to testify that the right breast abnormality required immediate diagnostic work-up, and that had it been performed, the plaintiff’s cancer would have been diagnosed in 2002. Furthermore, the plaintiffs’ experts were expected to testify that the delay in diagnosis and treatment of the plaintiff’s cancer caused her cancer to progress from a curable stage to an incurable stage and, as a result, she will more likely than not die a premature and preventable death from her breast cancer.

The defendant and his experts were prepared to testify that the July 2002 mammogram was completely normal and did not reveal any suspicious areas requiring follow up. They were further prepared to testify that given the extent of bone metastases at the time of diagnosis, the plaintiff’s cancer had already spread beyond her breast long before July 2002, and therefore she had not suffered any worsening of her prognosis over the alleged delay of 16 months. The matter settled prior to trial for $1,250,000.00.

Lubin & Meyer attorneys represented the plaintiff in this breast cancer lawsuit.

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