New York patients may be interested to learn that the daughter of a woman who died of cancer was awarded $16.7 million after the doctors failed to diagnose her with lung cancer. An attorney for the radiologist who was accused of missing the evidence stated that the original diagnosis based on the X-ray was appropriate and that the large settlement was not necessary.
The woman's mother initially visited Brigham and Women's Hospital in Massachusetts in October 2006 after she had suffered from a persistent cough. An X-ray was ordered for the woman, and it was determined that she was suffering from an upper respiratory infection. She was released from the hospital after being prescribed antibiotics.
She later returned to the hospital after her symptoms had worsened. A second X-ray was ordered, and she was diagnosed with advanced lung cancer. The cancer reportedly spread to a number of internal organs, and she passed away in 2008.
During the trail, an attorney for the physician who reportedly missed the diagnosis claimed that his client was not given the woman's full medical history. For example, she had been smoking for 30 years and that her family had a history of lung cancer. However, the woman's daughter provided the original 2006 X-ray that showed a nodule in her right lung.
If a misdiagnosis causes the death of a loved one, family members may be eligible to file a medical malpractice lawsuit against both the physician that failed to diagnose the condition and the hospital. In many cases, the family members look to file this type of lawsuit in order to seek compensation for damages that might include medical bills and loss of companionship.
Source: Medical Daily, "Woman Awarded $16.7M After Radiologist Missed Cancer In Mother’s X-Ray; Largest Malpractice Settlement In Recent Years", Sabrina Bachai, June 30, 2014