Radiology Diagnosis Delay: $1.75 Million Settlement
2024 Medical Malpractice Case Report
By Attorney Krysia J. Syska
Worcester Superior Court, Massachusetts
Radiology delay in the diagnosis of hepatocellular cancer results in death
Plaintiff’s decedent had a history of cirrhosis of the liver secondary to hepatitis C. He underwent routine liver surveillance with imaging going back to 2011 and was followed by gastroenterology due to the risk of a hepatic malignancy. On 5/4/15, decedent underwent ultrasound which found an area of echogenicity that was larger than on the prior examination in 2013. Interval growth is concerning for a hepatic mass so CT scan or MRI was recommended.
On 6/4/15, MRI of the abdomen was performed and reviewed by the defendant. Findings noted NO hepatic mass and four-phase CT scan as clinically warranted was recommended. On 1/11/16, decedent underwent the four phase CT. This study was interpreted by the second defendant who compared it to the prior MRI and noted a 28 mm low attenuation lesion in the right lobe of the liver which was not apparent on the MRI and could be benign or malignant. His recommendation was to continue with imaging follow up. Nothing more.
Plaintiff’s expert reviewed the May 2015 and January 2016 imaging and opined that the MRI findings include a mass clearly visible in the right lobe of the liver highly suspicious for malignancy which was not reported. He was critical of both defendants for failing to see this mass upon initial interpretation and then again when used in comparison to the CT in January. Had these defendants properly reported the findings a workup and diagnosis of the cancer would have occurred at that time.
In August 2016 another CT was ordered in follow up. This study revealed that the lesion in the right lobe had grown to 34 mm. Decedent was referred to transplant surgery for further work up. In October 2016, scans showed a 3.5 cm liver mass consistent with hepatocellular carcinoma with findings suspicious for tumor thrombus within the hepatic vein. This extension of the tumor thrombus into the vein unfortunately took the decedent off the liver transplant list. Liver transplant is the best curative option for patients with this disease. As a result, the decedent was treated with adjuvant therapies for his advanced cancer and ultimately succumbed to the disease on 6/2/21.
The case went to mediation prior to trial and resolved for $1,750,000.
Lubin & Meyer attorneys Andrew C. Meyer and Krysia J. Syska represented the plaintiff in this medical malpractice lawsuit.
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