Lung Cancer Diagnosis Delay: $1.5M Settlement in Rhode Island
Lawsuit claims failure to screen longtime smoker for lung cancer results in delay in diagnosis
2024 Medical Malpractice Settlement Report
By Adam R. Satin and Lynn Hu, Attorneys for plaintiff
Providence County, Rhode Island
The decedent died at the age of 64 as a result of metastatic lung cancer. She had previously smoked 1 pack per day since her late teens, and up to 2 packs per day when she was younger, with a 40+ pack year history. While she started cutting back later in life, she remained an active smoker (approximately 5 cigarettes per day) as of the relevant visits with the Primary Care Physician defendant (“PCP”). While the defendant’s records suggest a lesser smoking history, other providers elicited an accurate 30-40 pack year history of smoking.
In her mid-50s, the decedent had been found to have a nodule in her right upper lung. This was followed and remained stable for a period of time. However, in 2006, a spiculated area of nodularity in the right lung apex was noted as measuring 2.5 cm. A PET CT was suggested. The PCP did not order a PET CT scan as recommended by the treating radiologist, nor did he order a biopsy. In none of the annual comprehensive exams the decedent went to with the PCP between 2010 and 2015 did the PCP order a CT or PET CT as follow up of the known pulmonary nodule, nor did he order a low dose CT for screening purposes.
Months after her annual exam in 2015, the decedent presented to the hospital after experiencing stroke-like symptoms. She underwent a brain CT scan, which revealed a large parietal mass that was determined to be metastases from a lung primary cancer.
The plaintiff claimed that the PCP failed to properly follow the decedent’s known pulmonary nodule and failed to institute annual lung cancer screening given her high risk for lung cancer. Evidence of the benefits of screening with low dose CT scans was known as early as August of 2011 and screening was formally recommended by the USPSTF in December of 2013. Despite this evidence, the PCP never initiated this screening and never ordered the recommended follow up PET CT.
This medical malpractice case settled fro $1.5 million for the plaintiff.
Lubin & Meyer medical malpractice attorneys Andrew C. Meyer, Jr., and Adam R. Satin and Lynn I. Hu represented the plaintiff in this case.
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