$950,000 Settlement Reached in Medical Malpractice Case for Failure to Reveal Liver Lesion to Patient

Thomas Lapsley went to a nearby hospital emergency room where doctors ordered a CT scan of his abdomen and pelvis. The scan revealed a lesion on his liver. A follow-up liver CT scan was ordered to rule out metastatic disease. There was nothing in the report as to the symptoms Lapsley might have experienced that prompted him to go to the emergency room.

After the CT scan, a surgeon, Dr. Ben Davis, did an exploratory laparotomy and repaired Lapsley’s gastric ulcer.

Over the next week, as Lapsley was admitted to the hospital, he did not undergo further evaluation of the liver mass and allegedly was not informed of the mass at his discharge. Eighteen months later, another doctor referred him for yet another CT scan. That scan led to a diagnosis of Stage IV metastatic cancer. Sadly, Lapsley died just one month later.

Lapsley’s estate filed a lawsuit against Dr. Davis and his practice alleging that he chose not to inform Lapsley of the first CT scan findings, a lesion on his liver, and the need for additional testing. His estate alleged that these steps allowed the cancer to progress. It was claimed that had Lapsley’s cancer been detected earlier, he would have had a better prognosis and outcome.
Before trial, the parties settled for $950,000.

The attorneys handling this case for the estate were Edward Bell III and Deloris Cromartie.

Lapsley v. Davis, No. 4:18-CV-03016-MGL (D.S.C. April 30, 2020).

Kreisman Law Offices has been handling misdiagnosis of cancer cases, medical malpractice lawsuits, wrongful death cases, birth injury lawsuits, and hospital negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Oak Park, Burbank, Bedford Park, Countryside, Downers Grove, Lockport, Joliet, Sauk Village, Olympia Fields, Morton Grove, Chicago (Elmwood Park, Wicker Park, Bridgeport, Bucktown, Little Italy, Chinatown, Rogers Park), Mt. Prospect, and Naperville, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.

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