A jury in Leigh County awarded $8.5 million in damages to Plaintiff and his wife after finding two St. Luke’s University Health Network doctors failed to properly notify him that a scan showed a potentially cancerous tumor in his bladder. The jury awarded $2 million for past pain and suffering, $6 million for future pain and suffering, and $2 million to the wife for loss of consortium. Plaintiff was held 15 percent liable, reducing the final award to $8.5 million.
Facts of Case
In October 2015, Plaintiff went to the emergency room at St. Luke’s hospital for abdominal pain and urinary problems. Scans of his abdomen revealed kidney stones and “a rounded area of high density” in his bladder, suggesting the presence of a tumor. Neither the treating doctors, nor any healthcare provider from St. Luke’s Physician Group Inc, St. Luke’s Hospital, or the Allentown campus shared the radiologist’s findings with Plaintiff. Moreover, the doctors did not inform Plaintiff’s primary care physician of the scan results, refer any specialists, or suggest follow-up treatment.
In February 2017, complaining of difficulty urinating, Plaintiff underwent an ultrasound of his bladder. The ultrasound revealed multiple tumors and cancer. Plaintiff’s bladder and prostate were surgically removed, and he had to undergo chemotherapy. A part of his intestines now serves as his bladder, resulting in his needing to urinate every two hours.
According to Plaintiff’s attorney, Defendant St. Luke’s claims the mass was mentioned, but only briefly. Plaintiff was advised to follow up with a urologist, but he felt it unnecessary since he passed the kidney stone the day after his ER visit.
In court, the urologic oncologist expert argued that if the doctors had told Plaintiff of the radiologist’s findings earlier, the bladder removal surgery and chemotherapy could have been avoided. This delayed diagnosis caused emotional and physical pain and lowered his life expectancy. According to court documents, the Defendant doctors did not explain the results of Plaintiff’s scan, nor was an ultrasound of the bladder ordered. In addition, the doctors did not notify the primary care physician of the scan results, devise a follow-up treatment plan, or refer him to a specialist. During the seven-day trial, testimony showed that the tumor found by the 2015 scan was the same cancerous tumor found in the 2017 ultrasound.
The jury returned a verdict in Plaintiff’s favor, awarding $10 million in total damages, but held him 15 percent liable, reducing the final award to $8.5 million. The doctor who treated Plaintiff in 2015 was held 60 percent responsible; the emergency medicine doctor was found 25 percent liable.
Incidental Findings and Medical Malpractice Liability
There are similar cases where an incidental finding is unreported. resulting in unnecessary suffering or death. As noted in thynkhealth.com, some recent cases highlight this medical negligence:
- In a 2017 case in which the University of Illinois settled for $7.5 million over a delayed lung cancer diagnosis. The patient underwent a CT scan of his abdomen and pelvis for possible venours stenosis of his kidney. The radiologist detected a mass on the patient’s lungs, but did not disclose this information to him. However, additional tests were recommended. Eighteen months later, the patient returned with pain and swelling in the shoulder and chest. A new CT scan revealed that the lung cancer metastasized . The patient died at age 63.
- In a 2017 case in Virginia, a patient with a persistent cough had a chest x-ray that showed a density in his left lung. The patient was then referred to a pulmonologist. A second x-ray was done, and the radiologist read it as normal, failing to compare the two films. A year later, the patient was diagnosed with Stage IV lung cancer and died four months later. The radiologist and pulmonologist were held jointly and severally liable for failing to diagnose lung cancer timely. They settled for $1.47 million.
- In a 2018 case in Massachusetts a patient had a CT scan for treatment of cardiac disease. The radiology report noted a potentially suspicious mass in her lung and recommended a 6-month follow-up CT scan. This report was sent to her primary care physician, but no follow-up was ever done. The patient was diagnosed with lung cancer, which spread to her liver and bones, and she died soon after. The suit against the primary care physician for negligently failing to follow up on the CT scan settled for $1 million.
- In a 2017 case in Maryland a patient, who was a smoker, received a chest CT scan to screen for lung cancer. The radiologist detected two “nodular areas” in the patient’s lungs. Findings were sent to the primary care physician without a clear diagnosis or recommendation. The primary care physician performed no follow-up exam. Two years after the CT scan, the patient was diagnosed with Stage IV lung cancer and died. The jury found the primary care doctor liable and awarded $461,862.
Incidental findings have increased in recent years due to the increased use of diagnostic imaging in emergency departments. (https://www.urologytimes.com/view/how-incidental-radiology-findings-can-lead-malpractice-litigation). There are various reasons for the mishandling of incidental findings: a misreading of a scan, a physician’s failure to see an irregularity in the report, or a failure to realize the significance of the incidental finding. Sometimes the finding is discovered but not communicated to the patient or physician. There are failures in recommending follow-up and additional testing. At times, the health system lacks the protocols to ensure adequate follow-through to the patient and provider. (https://thynkhealth.com/wp-content/uploads/2021/03/Incidental-Findings-Management_-Protecting-Patients-Providers-Healthcare-Systems-5.pdf) Failure to communicate incidental findings can deny the patient lifesaving treatments. As a result, patients may endure lifelong medical problems, pain and suffering, and shortened life expectancy.
Choosing the Right Medical Expert is Crucial in an Incidental Finding Lawsuit
The right medical experts are essential in winning a case involving an incidental finding that was not reported to the patient or patient’s physician or not followed through on by any treating physician, resulting in a delayed diagnosis. Cambridge Medical Experts will find you the most qualified medical expert to handle the needs of your case. Specialized experts such as hospital administrators or healthcare compliance experts may add value to your case in incidental finding cases. Our firm engages with elite and highly regarded medical physicians and professionals from Ivy League institutions. We hand select our experts to ensure your case receives the best possible expert opinion. Our experts will thoroughly evaluate your case, ask probing questions, and point out issues in your case that may be overlooked. The quality of our esteemed experts will strengthen your case.
Call Cambridge Medical Experts today for a free consultation. Our experts have been instrumental in obtaining multimillion-dollar settlements and judgments for our clients.
