$545,000 Settlement for Failure to Timely Diagnose Breast Cancer

Carol represented a 47-year-old woman who complained to her internist of a lump in the breast. The internist gave her a prescription for a mammogram, which was read as negative. The radiologist failed to do an ultrasound which was dictated by the standard of care in light of the patient’s known history of a lump in her breast. The internist received the report from the negative mammogram and did not contact the patient to recommend a biopsy or additional follow up. All in all, there was a 10-month delay in diagnosis, leading to an increase in the risk of the tumor coming back. There was no evidence of cancer 4 years after the malpractice , at the time the case was settled.