As Published In

Medical Malpractice — Delay In Diagnosing Breast Cancer — Mastectomy

Verdict: Xxxxxxx and Xxxxx Xxxxxxxxxx v. Dr. [EO], [NW], M.D.; and [JG], M.D. 1093/89

Date of Settlement: 1/21/93

Venue: Rockland Supreme

Plaintiff Attorney: Eric M. Turkewitz, for Charles Silverstein, Manhattan

Facts:

This medical malpractice action settled before jury selection for $150,000. On 1/2/87, Plaintiff, age 41, presented to Defendant Dr. [EO], her gynecologist, complaining of a pea-size nodule on the top portion of her breast. Dr. [EO] could not feel the nodule, but sent her to Defendant Drs. [NW] and [JG] for a mammography. That test was negative for a malignancy. Plaintiff contended that Defendant should have referred her to a breast surgeon, and claimed that Defendant's failure to do so was a departure from accepted medical practice. A second mammogram, performed 6 months later, in July 1987, was also negative. On 2/10/88, 13 months after Plaintiff had originally felt the lump, she again presented to Dr. [EO] complaining about the lump. A biopsy was performed, which revealed a malignancy, and a modified radical mastectomy was performed.

Plaintiff contended that because of the 13-month delay, she required a mastectomy rather than a lumpectomy. She also claimed that the delay Increased the chance that the cancer will recur. At the time of this settlement, 5 years after the mastectomy, the cancer had not recurred.