Undiagnosed Bladder Cancer Lawsuit: $1.5 Million Settlement

Plaintiff claimed urologist was negligent in failing to biopsy the bladdder in a patient with clear signs of bladder cancer

2024 Medical Malpractice Case Report
By Attorney Robert M. Higgins
Plymouth Superior Court, Massachusetts

Case summary

On 5/10/17, the decedent saw the defendant urologist for new complaints of blood in his urine and difficulty urinating. The defendant ordered a urine sample which was reported to show suspicion for urothelial cancer. The defendant performed a cystoscopy and found several large diverticula. Despite these findings and the abnormal urine sample, the defendant failed to take any biopsies of his bladder.

His plan was to watch for further symptoms and perform another cystoscopy in the future.

In October 2017 the decedent returned to the defendant and reported that his symptoms had gotten worse. He now was complaining of difficulty emptying his bladder and difficulty starting his urine stream along with blood in the urine. The defendant performed another cystoscopy and found similar findings to the previous cystoscopy. He again failed to take any biopsies of the bladder but told him he had prostate issues.

The decedent returned to the defendant in August 2018. He was still complaining of urinary symptoms. He told the defendant that he was still having blood in his urine and could not continue living this way. Defendant did another cystoscopy with the same findings as previous cystoscopies. He again failed to take any biopsies of the bladder.

The decedent changes urologists at the end of 2018. His new urologist ordered a CT scan which showed a mass in his bladder. A cystoscopy was performed and biopsies were obtained. The pathology showed bladder cancer. Further testing showed that the cancer was metastatic to his pelvis. He had treatment in an effort to shrink the cancer but that was unsuccessful and the decedent died in May 2020 of bladder cancer at 76 years old.

The plaintiff retained an expert urologist who opined that the defendant was negligent in failing to biopsy the balder in a patient with clear signs of bladder cancer. Had biopsies been done it was the expert’s opinion that his cancer would have diagnosed and treated while it was an early stage and he would not have died.

The case settled for $1,500,000 in the weeks prior to trial.

Attorneys for the plaintiff: Robert M. Higgins and Andrew C. Meyer, Lubin & Meyer, P.C.

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