Settlement after first day of trial for failure to diagnose cancer
Settlement against 3 defendants after the first day of a medical malpractice trial for family of woman who died following a lengthy delay in the diagnosis of her bile duct cancer. The patient underwent an ultrasound that revealed an area within the liver highly suspicious for cancer. The radiologist described the area in his report and noted the need for additional imaging to evaluate the area. Three of the patient’s doctors reviewed the report, but none of the doctors ordered the additional imaging and none informed the patient that the area could be a cancerous mass. Over 31 months later, the patient sought a second opinion and her cancer was diagnosed within weeks but it was terminal and inoperable by that time. Following jury selection, opening statements and the testimony of one plaintiff’s expert, the malpractice insurer for the defendants increased its pre-trial offer and resolved the case against its insureds.