Failure to Diagnose Breast Cancer

Confidential settlement on behalf of a 38 year old woman. 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 the results of a positive biopsy which showed early stages of breast cancer. Had the results of 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 woman. 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.