A New York Appellate Court has held that the plaintiff in a breast cancer negligence case failed to raise a triable issue of fact and opposition to a defendant’s summary judgment motion.
Merlinda Paglinawan underwent a screening mammogram and ultrasound. The interpreting radiologist recommended a follow-up diagnostic mammogram and ultrasound. Paglinawan discussed this with her obstetrician-gynecologist, Dr. Ing-Yann Jeng, who agreed.
The report of the follow-up test recommended a targeted ultrasound in 6-12 months. The following year, Dr. Jeng referred Paglinawan to a breast surgeon, leading to a diagnosis of Stage II breast cancer. That diagnosis was made several months later.