Delay in Diagnosis of Esophageal Cancer: $1.75M Settlement

2015 Medical Malpractice Trial Report

Death Following Delay in Diagnosis - Plaintiff Claimed Radiologist Misread Upper GI Study

The plaintiff’s decedent died at the age of 63 from esophageal cancer. The plaintiff claimed that the defendant radiologist misread an upper GI study. The indication for the study was to assess for food impaction. The upper GI series was reviewed, interpreted and reported by the defendant radiologist as showing no evidence of food impaction or obstruction, a small hiatal hernia, and tertiary esophageal contractions.

The plaintiff claimed the defendant failed to report radiographic evidence of an abnormal distal mass worrisome or suspicious for malignancy. Ten months later, another upper GI study found a large, ulcerating mass with diffuse oozing in the lower third of the esophagus. Biopsies were taken. Pathology was positive for invasive moderately-differentiated adenocarcinoma. The patient was treated but succumbed to the cancer.

The defendant contended that the study was properly read and that there was no deviation from the standard of care. The defendant further contended that this was a challenging study to read due to the patient’s prior laparoscopic band surgery and hiatal hernia. The defendant also challenged the claim that a ten month delay in diagnosis made a difference in the outcome.

The case settled prior to trial for $1,750,000.

Lubin & Meyer attorneys represented the plaintiff in this medical malpractice lawsuit.

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