Failure To Report Stage I Cancer

Topic: Medical Malpractice – Cancer Diagnosis – Failure to Report – The plaintiff claimed failure to report Stage I cancer

Summary: Award Total: $380,000

RESULT (Settlement): The parties agreed to a $380,000 settlement.

Insurance Carrier: Medical Liability Mutual Insurance Carrier

Attorneys:

Plaintiff: Victoria Wickman; Law Office of Victoria Wickman.; New York, NY

Defendant: Gary Dwyer, Esq. of Dwyer & Taglia

Judge: Bert Bunyan

State: New York; County: Kings

Facts: Plaintiff, a 65-year-old secretary, underwent a mammogram on February 10, 2005.  As a result of that mammogram, an ultrasound was performed on the same day. The result of the mammogram was negligently reported as benign. Those results were faxed to the plaintiff’s primary care physician. The sonogram was reported as suspicious and required a biopsy. The results of the ultrasound were never reported to the plaintiff or her primary care physician who ordered the mammogram. Plaintiff returned to Park Avenue Radiology for an unrelated CT scan of her chest in May 2005. The May 2005 CT scan mentions that there is an abnormality in the plaintiff’s breast that is “benign on the mammogram.” The May 2005 CT scan report does not mention the ultrasound or the need for the plaintiff to have a biopsy. Plaintiff was to follow up for another CT scan of her chest in three months. In August 2005, the plaintiff had a repeat CT scan of her chest. The breast abnormality was still present. This time, the CT scan report indicates that the plaintiff was to have a biopsy of the abnormality of her breast. That report was faxed to her primary care physician. Plaintiff thereafter underwent a biopsy of the mass in her breast and was diagnosed with Stage II breast cancer. She underwent a lumpectomy followed by chemotherapy. Her tumor would have been 1.6 cm in February 2005 and was 2.2 cm when diagnosed. Her chance of cure went from 88% to 81%. Had she been diagnosed earlier, she would have still required chemotherapy.