$2.5 Million Settlement for Doctor’s Failure to Follow Up on Signs and Symptoms of Lung Cancer

A confidential settlement was reached wherein a 63-year-old woman’s misdiagnosed lung cancer led to her untimely death. The woman, identified only as Doe, underwent a CT scan while she was hospitalized. This showed a lung lesion that the interpreting radiologist reported as possible cancer. A hospitalist reported these findings to Doe’s primary care physician. 

The primary care physician referred Doe to a pulmonologist but did not tell her that cancer was suspected.  The hospital sent Doe’s CT scan to the pulmonologist, who reported to the primary care physician that part of the scan was missing. The primary care physician allegedly said that he would provide the missing film. However, there was no followup. The pulmonologist also chose not tell Doe that cancer was suspected when the two subsequently met.

Five years later, Doe developed shortness of breath and other ominous symptoms. Doe was diagnosed with having Stage IV lung cancer; she died two months later. Doe was survived by her husband and two adult children. Doe’s husband filed a lawsuit against the primary care physician and the pulmonologist claiming that these defendants chose not to follow up on the radiologist’s suspicion of lung cancer. The lawsuit did not claim any lost income.

The defendants maintained that Doe’s cancer had already metastasized by the time of the CT scan and was not a curable kind of cancer. 

The parties settled the case before trial for $2.5 million. The attorney for the Doe family was Albert P. Zabin.

Doe v. Roe, Confidential (Mass., Suffolk Co. Super. June 20, 2013).

Kreisman Law Offices has been successfully handling misdiagnosis of cancer cases, medical malpractice cases and birth injury negligence cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Melrose Park, Park Ridge, Park Forest, Forest Park, Oak Park, Palos Hills, South Barrington, Orland Park, Elk Grove Village, Glenview, Wilmette, Evanston and Skokie, Ill.

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