Failure to Diagnose Breast Cancer
Confidential settlement on behalf of 38 year old women. Claim alleged a failure to Diagnose and Treat Breast Cancer, and failure to Timely Communicate Lab Results. The failure to diagnose arose from the physician’s failure to communicate a positive biopsy which showed early stages of breast cancer. Had the biopsy been communicated the patient would have been treated with excision and avoided chemotherapy, mastectomy, and had a 95% chance of survival.
In October, 2006, Joseph M. Lyon along with, co-counsel, Dan Hodes, Newport Beach, CA, settled a medical malpractice case involving the failure to timely diagnose breast cancer in a 39 year old women. As a result of the delay, evidence demonstrated that the patient suffered a 50% increase in the likelihood of recurrence, which would ultimately return as terminal metastatic disease. The failure to diagnose arose from the physician’s failure to communicate a positive biopsy which showed early stages of breast cancer. Had the biopsy been communicated the patient would have been treated with excision and avoided chemotherapy, mastectomy, and had a 95% chance of survival. After two years of litigation, the parties reached a confidential settlement that accounted for medical bills, mastectomy, as well as all wrongful death damages.
