Over $850 Million in Verdicts and Settlements
AV Preeminent badge
Super Lawyers badge
Avvo Rating badge
Best Law Firms badge
TNTL badge

Failure to Order Additional Imaging Leads to Terminal Breast Cancer Diagnosis

A South Carolina jury recently returned a $6.9 million verdict for a woman and her husband following a diagnostic radiologist's failure to order additional imaging following a mammogram. The plaintiff, a 39 year old woman, and an employee of the radiology firm at which she received the mammogram, brought suit against the diagnostic radiologist following a routine mammogram that showed dystrophic calcifications in the right breast that had not been present on earlier mammograms. Dystrophic calcifications are well known to be associated malignancy in the breasts. The radiologist, however, characterized the calcifications as being benign and did not order any additional testing. The plaintiff argued that the standard of care required the radiologist, in his report, to recommend and/or order additional studies to confirm or refute his suspected diagnosis, including another diagnostic mammogram followed by a biopsy. Two years following the mammogram, the plaintiff discovered a lump in her right breast and was diagnosed with terminal Stage III invasive ductal carcinoma. She underwent chemotherapy and radiation but those efforts were unsuccessful. Following a two week trial, a jury awarded the woman $6.2 million and her husband $700,000 for loss of consortium (loss of enjoyment of the marriage).

At STSW, our lawyers routinely handle cases involving a failure to timely diagnose a patient with some form of cancer. In Maryland, in order for a failure to timely diagnose a patient with cancer case to be actionable, the patient must have gone from a position of being more likely than not to survive the cancer had the diagnosis been made timely and treatment been initiated (i.e., greater than 50% chance of survival) to a position of being more likely than not to not survive the cancer (i.e., less than a 50% chance of survival). Maryland does not recognize what is known as a "loss of chance" theory; i.e., where a patient has gone from a 90% chance of survival to a 75% chance of survival as a result of the delayed diagnosis. If you or a loved one have been victimized as a result of a failure to timely diagnose cancer/ malignancy, call our lawyers at STSW for a free consultation at (410) 385-2225.

Client Reviews
“Great Lawyer and staff, very diligent and organized about gathering facts and information. Keeps you informed every step of the way. Very helpful with explaining the process in layman's terms and offering sound advice. Successful negotiations with settling the suit. Overall very satisfied with the results and work done by Andy and his team. I would highly recommend.” Christine
“Andy is an incredible person and lawyer. He studies the case and works hard preparing. He takes over the courtroom, but always very professional and courteous, but all eye and ear are on his every word when he speaks, and presence his well thought out case. I was scared, knowing nothing about the legal profession, but Andy stuck with me every step of the way... " Kathy
“Andy represented me and my firm many years ago in a very complex civil litigation matter. I knew he was smart (Duke Law School) and I knew he was successful (several $100 million recoveries), but I was astounded how hard he works. He spends the time to read every word on every page of every document. This may sound like something that should be expected of a every lawyer... " Steve