Delay in diagnosis, treatment resulted in stage four cancer

The kidney ultrasound was ordered by the holistic doctor, and it was performed at a different facility than the place where the MRI was performed. The ultrasound reading radiologist did not have the benefit from the comparison study and was not advised that the reason for the study was to evaluate a mass on the left kidney. Ultrasounds are operator dependent, and nothing was seen on ultrasound. The holistic doctor never followed up with the results of the study she ordered.

The primary care physician received copies of both the MRI and the ultrasound, even though she was not the ordering physician on either study. There was no attempt to reconcile the reason why a mass was seen on MRI and then not seen at all on an ultrasound that was performed the same month. The patient was advised by her primary care physician not to worry about additional follow up with respect to her kidney and assured her that the fact that the ultrasound did not identify the mass was consistent with the fact that sometimes kidney cysts go away on their own. The problem is that the client did not have a kidney cyst, she had a kidney mass.

Nearly two years later, the plaintiff began experiencing pain in her left hip area. An MRI ordered by her primary care physician showed the mass on her left kidney had grown significantly. The MRI was compared to the previous MRI and the mass was identified on both studies. A subsequent CT scan and biopsy revealed she had stage 4 renal cell carcinoma that had already spread throughout her body. Although she began undergoing aggressive treatment immediately, her prognosis is poor.

The negligent delay in diagnosis and treatment caused our client significant pain and suffering. What could have been treated with surgery alone and an excellent prognosis turned into stage 4 cancer. The plaintiff brought medical malpractice claims against her treating physicians and their employers for compensatory damages, applicable penalties or sanctions, and attorneys’ fees and costs.

Dina

Type of action: Medical malpractice

Injuries alleged: Failure to timely diagnose and treat cancer

Name of case: Confidential

Court/Case no./Date: Confidential; 12/12/2023

Settlement amount: $700,000

Attorneys for plaintiff: Dina

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