Delay in Breast Cancer Diagnosis Diminishes Woman's Chances of Survival; Settled for $699,000

A 58-year-old woman who underwent a procedure to determine if a growth in her breast was cancerous was not informed that the biopsy indicated cancer until more than 100 days had passed, diminishing her chances of survival and recovery. After discovering the lump during a self-examination, the plaintiff made an appointment with her OB/GYN, who detected the lesion and ordered a biopsy. One week later, she was informed that the results of the biopsy indicated the lesion was benign and that she should return in a year. Over the next three months, the lesion continued to grow; finally, the plaintiff made an appointment with a breast surgeon and requested her medical records from the defendant physician. At which point she was informed by the defendant that the original biopsy had actually indicated a cancerous growth. Treatment began immediately, including chemotherapy and a partial mastectomy; however, tests indicate the presence of residual cancer in her breast and lymph nodes, diminishing her chances of survival and recovery. Had she been informed of the correct diagnosis in a timely manner according to the standard of care, it is likely that her cancer would not have progressed and treatment would have been successful. Daniel M. Hodes of Hodes Milman represented the plaintiff, resulting in a $699,000 settlement.

Examples of Medical Malpractice:

• Operating on the wrong area of the body
• Practicing medicine while impaired in any capacity
• Leaving an instrument or medical supply inside a patient after surgery
• Prescribing the wrong dosage of medicine to a patient
• Failing to turn a patient over, resulting in bedsores
• Misdiagnoses, such as cancer misdiagnosis or failing to identify the warning signs of a heart attack or stroke
• Improperly treating a patient's condition
• Failing to inform the patient of known risks

People make mistakes, however, the medical profession has standards of care and procedures to prevent these mistakes from occurring. When these procedures are not followed and the medical staff is not proactive, the outcomes may require a lawyer who has specific experience in medical malpractice cases.

Medical Malpractice Verdict and Settlements

The attorneys at Hodes Milman have successfully fought on behalf of hundreds of people who have been affected by a medical professional's mistake and recovered millions of dollars for future care. Below are a few examples of recoveries which may also be found on our Case Results page.

Medical Malpractice FAQ's

How Much Does it Cost to Hire a Medical Malpractice Attorney?

There is no up-front cost to have a consultation or hire our lawyers. Our firm works on a contingency-fee basis and will front the costs of the court, experts, gathering evidence, and other fees. Our fees are contingent on the outcome of your case and only if we win will there be a fee. This is a common question and we are glad to discuss this during your consultation.

Read more about Medical Negligence here.