$3.75 Million for Delay in Diagnosis of Lung Cancer
2025 Medical Malpractice Case Report
By Attorney Robert M. Higgins
Radiologists fail to note and report nodules or masses suspicious for lung cancer delaying diagnosis and treatment
In August of 2018 the decedent went to his PCP with complaints of coughing up blood daily. The decedent was an active smoker. The PCP defendant ordered a CT scan of his chest which was performed a few days later. The Chest CT was read by the defendant radiologist and he failed to note any nodules or masses. He did recommend a follow-up study in 3-months and copied the defendant PCP on his report. The defendant PCP never acknowledged seeing the recommendation of a follow-up study
In February the decedent had another CT scan performed to check for inflammation of the lining of his lungs. The defendant radiologist again failed to note any nodules or masses. The defendant radiologist compared the CT to the previous one and noted no changes.
The plaintiff had both CT scans reviewed by an expert radiologist. It was that expert’s opinion that both CT scans show a nodule in the left lung that is suspicious for cancer and required recognition and reporting. Neither defendant reported the nodule in their interpretation.
In April 2019, the decedent went to the emergency department complaining of coughing up blood again. A CT angiogram was performed that showed a 2.1 x 2.7 lesion in the left lung. Additional imaging also reported enlarged retroperitoneal lymph nodes. The radiologist who interpreted the CT angiogram went back and read the prior 2 CT scans. He noted that the mass was present on both of those prior exams.
The decedent was found to have spread of his lung cancer to his liver. Despite aggressive treatment, the decedent died in 2023.
The plaintiff’s radiology expert was able to determine that nodule on the 2 CT scans read by the defendants was the same nodule. The expert also opined that there was no evidence of any enlarged lymph nodes on those 2 exams. That indicated that the cancer had not spread outside the lung and was amendable to cure.
This medical malpractice wrongful death case settled after mediation for $3,750,000.
Lubin & Meyer attorneys Andrew C. Meyer, Jr. and Robert M. Higgins represented the plaintiff in this medical malpractice wrongful death lawsuit.
Other recent radiology related diagnosis delay cases in 2025:
$4 million settlement for 64-year-old man who died of Stage IV non-small cell lung cancer due to radiology error
$2 million settlement in a case where radiologist misread an imaging study that led to a delay in diagnosis of penetrating aortic ulcer that ruptured and caused the death of 72-year old woman
$2 million settlement in a case that involved a radiology misread that resulted in a delayed diagnosis of bile duct cancer
$1 million settlement in lawsuit that claimed radiology misread results in a one year delay in diagnosis of advanced cancer of the cecum area of large intestine.
See our Patient Safety Blog post:
Are Radiology Errors That Lead To Delayed Diagnoses on the Rise?
Learn more: How To Determine Medical Malpractice in Cancer Cases
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