Undiagnosed Lung Cancer Leads to Death: $2 Million Settlement
Plaintiff's experts believed defendant radiologists and pulmonologist were negligent in failing to fully work-up the suspicious lung nodule
2024 Medical Malpractice Case Report
By Attorney Robert M. Higgins
Suffolk Superior Court, Boston, Massachusetts
Case summary
The decedent was a retired man who had smoked for 45 years until he quit in 2006. He developed progressive shortness of breath in early 2014 and was evaluated by the defendant pulmonologist. A chest CT scan was ordered and read by the defendant radiologist. It was read as normal but the plaintiff’s expert noted that there were actually 2 nodules worrisome for cancer not identified by the defendant radiologist.
In June 2015 the decedent presented to the ED with worsening shortness of breath and chest pain. Due to his complaints another CT scan of his chest was ordered. The study was read and revealed a 1.1 cm right upper lobe pulmonary nodule that had significantly increased in size compared to 2014. The recommendation was short term follow up with repeat chest CT or further diagnostic evaluation for the right upper lobe nodule. The report was received by the defendant pulmonologist who failed to comment on the nodule. The plan was for follow-up of his shortness of breath with pulmonary function tests but no plan was made to follow-up the nodule with another CT scan.
In August 2016 the decedent went to the ED for chest pain. During that admission he had further imaging which showed extensive nodules worrisome for cancer. He underwent a lung biopsy which revealed extensive cancer through his lungs and many lymph nodes. The decedent was not a candidate for surgery so he underwent chemotherapy and radiation to hopefully extend his life. Unfortunately, the treatment was unsuccessful and the decedent died in January 2017.
The plaintiff consulted with experts who opined that the defendant radiologists and pulmonologist were negligent in failing to fully work-up the suspicious nodule as far back as 2014. It was their opinion that the cancer was present and curable up through mid-2015.
The defendants were expected to present expert medical testimony that the nodules were noted on imaging and the work-up was on-going. They further had expert opinions that the decedent’s cancer was stage 4 in 2014 and earlier diagnosis would not have changed his outcome.
The case settled weeks before trial for $2,000,000.
Attorneys for the plaintiff: Robert M. Higgins and Andrew C. Meyer, Lubin & Meyer, P.C.
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