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Zaid Law
Monday, 22 June 2020 / Published in Medical Malpractice

Misdiagnosed Breast Cancer – $15M Settlement

Medical Malpractice Lawyer

In 2002, the patient visited the Breast Care Center after she found a lump in her breast. She received a mammogram, which is an X-ray of the breasts used to look for early traces of breast cancer. The patient’s doctor told her there was “no evidence of malignancy” and sent her home with no additional testing. The lump continued to grow, so about 16 months later the patient went to a different doctor for a second opinion. She was then diagnosed with breast cancer.

The patient felt she had lost invaluable time in fighting her cancer. She underwent numerous operations and therapies including a mastectomy, chemotherapy, and radiation. Once she was in remission, the patient decided to hire a medical malpractice attorney and sue the doctor for misdiagnosing her condition. She asked, “why didn’t they find it the first time? Why didn’t they go the extra step and order a sonogram?” The patient’s condition has continued to worsen; after her relapse, her doctors found the cancer had spread to her bones. She must now endure chemotherapy treatments on a weekly basis for the rest of her life.

The trial lasted for 2 weeks and ended with the jury awarding the patient $15 million in damages. The doctor was found negligent because his misdiagnosis prevented the patient from accessing treatment in the early stage of her cancer, which probably would have altered her whole outcome. After the verdict was announced, the medical malpractice attorney stated, “they found him negligent because he was. There was something there, something she felt, and it needed to be evaluated and if it had been, we would not be here now.” However, the doctor remains as part of the medical staff at the Breast Care Center. The patient spoke out in hopes of helping other women by warning, “if you have any suspicions, any doubts, speak to the doctor and ask for another test.” 

As reported by The New England Journal of Medicine, “experts state that nearly 31% of all breast cancer cases are misdiagnosed.” If you believe you or a loved one has had a misdiagnosis or has encountered any other form of medical negligence, seek legal counsel, like from a medical malpractice lawyer in Cleveland, OH from Mishkind Kulwicki Law Co., LPA, immediately. Timing is crucial when presenting a case to the court so do not wait. The attorney can conduct a thorough investigation and determine if you have cause for filing a lawsuit. You may be eligible for compensation after seeking legal recourse for your medical malpractice lawsuit.

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