Over a period of seven years that began in May 2008, Ms. Doe, 50, presented to an HMO complaining of a dime-sized lesion on her right lower leg. Ms. Doe was seen by dermatologists and vascular surgeons. A Doppler study was completed. The doctors dressed the wound and did debridement.
In 2015, a biopsy revealed basal cell carcinoma. Ms. Doe required an extensive incision and suffered significant scarring and muscle loss.
Ms. Doe and her husband sued the HMO alleging that they choose not to timely diagnose the cancer when it was evident. The defendant argued that it had met the standard of care and that its actions had been reasonable considering Ms. Doe’s significant venous insufficiency. There was no claim for lost income.