The Porter Law Group has submitted a settlement demand of $950,000 in a medical malpractice case involving a delayed diagnosis of Stage IIIB lung cancer that resulted in a patient’s death. The case centers around allegations of negligent primary care that failed to follow established screening protocols and guidelines.
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The case involves a primary care physician who treated the patient for many years. Despite the patient’s significant smoking history that qualified her for lung cancer screening, proper screening protocols were allegedly not followed, leading to a delayed cancer diagnosis. The patient ultimately passed away in October 2019 at age 67 after the cancer had progressed to an advanced stage.
The investigation revealed concerning gaps in the standard of care. The physician reportedly acknowledged that the patient qualified for low-dose computed tomography (LDCT) scans based on her smoking history but claimed she was “not trained” to order such screenings. Instead, she testified that she would hand patients information cards about LDCT screening and instruct them to call a nurse navigator to coordinate approval and ordering of the scan. However, there was no documentation in the medical record supporting these claimed discussions or recommendations.
Medical experts retained by the Porter Law Group, including specialists in family medicine and oncology, identified multiple deviations from the accepted standard of care. These included failure to: educate and recommend LDCT screening per U.S. Preventive Services Task Force guidelines, make appropriate referrals to specialists qualified to screen for and treat lung cancer, and take other proper steps to ensure timely diagnosis and treatment.
The case highlighted systemic issues with the hospital’s lung cancer screening program implementation. Testimony revealed there was no clear method for tracking referrals or communicating with referring physicians about patients entering the screening program.
The impact on the patient and family was devastating. What began as shortness of breath and fatigue in Spring 2019 progressed rapidly. By August 2019, the patient required emergency hospitalization and was diagnosed with Stage IIIB lung cancer that had already spread extensively. Despite radiation treatment, she became too weak for chemotherapy and passed away in October 2019 after enduring significant pain and suffering.
The economic damages portion of the claim includes approximately $236,000 in losses:
– $31,127.33 in past medical expenses
– $5,246.50 in funeral and memorial expenses
– $200,000 estimated for loss of guidance damages
The Porter Law Group has successfully handled similar cases, recently securing a $1 million jury verdict for loss of consortium claims. They note that courts have upheld substantial awards for loss of parental guidance, even for adult children.
This case serves as a stark reminder of the critical importance of following established cancer screening protocols and maintaining clear documentation of all patient discussions and recommendations. Healthcare providers who suspect they may have a patient qualifying for cancer screening should ensure proper protocols are followed and documented.
If you or a loved one has experienced a delayed cancer diagnosis, contact an experienced medical malpractice attorney to understand your legal rights and options. Time limitations apply to filing medical malpractice claims, so do not delay in seeking legal counsel.
