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Articles Posted in Misdiagnosing Cancer

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$495,000 Jury Verdict After Delayed Diagnosis of Cancer Leads to Premature Death

Albert Ragin experienced unexplained weight loss and night sweating. At the time he was in his 80s. CT scans without contrast of his chest, abdomen, and pelvis revealed a left kidney cyst, but there were no other kidney abnormalities. About a year later, in 2013, a renal artery Doppler test…

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$1.9 Million Settlement for the Paralysis of a 6-Year-Old Child Caused by Late Diagnosis of Pediatric Leukemia

A 6-year-old child suffered from fatigue, constipation, fever, pain and sleeping difficulties for several weeks. The girl was brought to a federal health clinic by her parents. A nurse practitioner examined her, diagnosed constipation and prescribed a suppository and juice. Two days later, a pediatrician confirmed the same misdiagnosis and…

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$1.3 Million Settlement for Late Diagnosis of Breast Cancer

Ms. Doe, age 37, developed shortness of breath eight days after giving birth. A CT angiogram to rule out a pulmonary embolism revealed an enlarged right-sided axillary lymph node. Despite this finding, Ms. Doe’s healthcare providers ordered no further follow up. Over a year later, Ms. Doe discovered a lump…

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Dismissal of Wrongful Death Medical Malpractice Case Against Veterans Administration for Lack of Causation U.S. Court of Appeals Affirms

In 2011, a radiologist with the U.S. Department of Veteran Affairs (VA) missed identifying a cancerous mass in the liver of James Avery Deweese. Before the mass was finally diagnosed as cancerous in 2013, it had nearly doubled in size. Deweese died shortly thereafter. The family of Deweese — through…

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Illinois Appellate Court Affirms $1.7 Million Jury Verdict in Medical Malpractice Misdiagnosed Brain Tumor Case

A neuropathologist, Dr. Meena Gujrati, and her employer, Central Illinois Pathology, were named as defendants in a medical-malpractice lawsuit brought by Rebecca Gapinski who alleged that this doctor misdiagnosed Daniel Gapinski’s brain tumor as being benign. Right before the start of the jury trial, Dr. Gujrati requested permission to proceed…

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State Supreme Court Enters Mixed Decision in Medical Malpractice Lawsuit on the Issue of Loss of Chance Doctrine

Mary and Terry Cohan filed a medical malpractice lawsuit against Medical Imaging Consultants claiming that the company and its medical providers were negligent in the treatment that caused Mary’s breast cancer to progress undiagnosed for one year. It was alleged that the delay in diagnosis led to her suffering damages…

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Failure to Timely Diagnose Lung Cancer Leads to Settlement of $1.47 Million

Gerald Teeuwen, 77, developed a persistent cough. He went to an urgent care facility and later underwent a chest x-ray, which was interpreted as showing a density in his left lung. Teeuwen was referred to a pulmonologist, Dr. Peter Birk. Dr. Birk ordered a second chest x-ray, which radiologist Dr.…

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U.S. Faces $5 Million Lawsuit Over Breast Cancer Misdiagnosis, Wrongful Death

A lawsuit has been filed under the Federal Tort Claims Act (FTCA) in a Louisiana federal court. The lawsuit claims that the patient, Lucille Bruno, died because a federally funded clinic ignored signs of breast cancer that led to her death. The lawsuit seeks $5 million in damages. The surviving…

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State Supreme Court Holds that “But For” Test is the Standard for Loss of Chance in Medical Malpractice Cases

This case involved a medical malpractice action for a lost chance. The parties jointly sought direct discretionary review under Washington law, RAP 2.3(b)(4), challenging two pretrial rulings: (1) whether a court should use a “but for” or “substantial factor” standard of causation in loss of chance cases; and (2) whether…

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