Sample Cases

A 45-year-old female visited her local hospital's mammography center for her annual mammogram. The patient had been receiving annual mammograms for several years at the same facility. The mammogram revealed that the plaintiff had a questionable spot in her left breast and that an immediate biopsy was necessary. The mammography center claimed that the report was electronically forwarded to the plaintiff's primary care provider and a copy was mailed to the same clinic. When the plaintiff inquired of her primary care doctor's office, she was informed that if there were any bad news she would be advised.

One year later, when the plaintiff returned to her primary care doctor for her annual physical, a new doctor determined that the plaintiff had never been advised of the results of the mammogram. In addition, the plaintiff had never been advised that she needed an immediate biopsy. The biopsy was ordered and the plaintiff was diagnosed with Stage III cancer. The patient underwent a radical mastectomy and endured both chemotherapy and radiation therapy.

A medical malpractice lawsuit was instituted against the plaintiff's primary health care provider for failure to follow up and obtain the mammogram results; against the local hospital for failing to have a proper reporting service; and, against the radiologist at the mammogram center for failure to notify plaintiff's primary care doctor of the need for follow-up treatment. Prior to trial, the primary care doctors admitted their liability and agreed to pay $725,000.

Subsequently, the local hospital settled for $200,000. A trial was then commenced against the radiologist and the radiology group. After plaintiff presented evidence during one and one-half weeks of trial, the radiologist and the radiology group agreed to settle for $425,000. The result was a total recovery of $1.35 million for the plaintiff.