Article

$3.1 Million Settlement Demanded in Delayed Cancer Diagnosis Case

Last Updated on Originally published July 12, 2025
Photo by National Cancer Institute on Unsplash

The Porter Law Group is pursuing a $3.1 million settlement in a significant medical malpractice case involving a radiologist’s alleged failure to properly diagnose ovarian cancer, resulting in a nearly one-year delay in treatment and severely diminished survival prospects for the client.

Was Your Ovarian Cancer Diagnosed Late?

Connect with us for a non-obligatory free consultation.

The case centers on events that began in March 2018, when the client underwent a CT scan of her abdomen and pelvis at a diagnostic imaging facility after reporting abdominal pain. The radiologist identified a small ovarian cyst and what were described as “unusual appearing radiopaque densities” in the lower pelvis, which he concluded were “probably postoperative calcifications associated with scarring.” Despite noting these abnormal findings, the radiologist failed to include cancer in his differential diagnosis and recommended only routine follow-up imaging.

The gravity of this oversight became apparent when, during subsequent legal proceedings, the radiologist admitted under oath that he “couldn’t be certain that those radiopaque densities were not a malignant cancer.” This admission would prove crucial to establishing the deviation from the standard of care. To compound the initial error, a follow-up ultrasound in May 2018 also failed to identify the cancer, and the radiologist did not refer the client for a gynecological surgical consultation.

The consequences of these oversights were devastating. By the time the cancer was finally diagnosed nearly twelve months later, it had progressed significantly. According to expert testimony, had the cancer been diagnosed when first visible on the March 2018 CT scan, the client would likely have been diagnosed with Stage I cancer, which carries a 93% five-year survival rate, or at worst, Stage IIB, with a 65.5% survival rate. Instead, the delay allowed the cancer to advance to Stage IIIC, reducing the client’s five-year survival rate to just 32.5%.

The legal team has assembled compelling expert testimony from board-certified specialists in radiology, obstetrics/gynecology, and oncology. These experts will testify that the failure to include cancer in the differential diagnosis and to refer for appropriate follow-up constituted clear deviations from the standard of care. Particularly damaging is the testimony of the defendant radiologist’s own medical partner, who confirmed that the cancer originated in the exact location where abnormalities were initially noted and that significant growth and metastasis occurred during the delay period.

The impact on the client’s life has been profound. Beyond the emotional trauma of knowing her survival chances have been dramatically reduced, she has endured extensive medical interventions, including surgery, chemotherapy, and ongoing surveillance, all while living with the constant fear of recurrence. The case also includes substantial economic damages, with documented past and future lost earnings approaching $965,000.

The Porter Law Group’s settlement demand of $3.1 million takes into account the available insurance coverage of $2.3 million from the radiologist ($1.3 million primary and $1 million excess) and $1 million from the diagnostic imaging facility. This amount reflects both the clear liability and the devastating impact on the client’s life expectancy and quality of life.

Cases like this underscore the critical importance of thorough diagnostic evaluation and appropriate follow-up in medical imaging. For anyone who has experienced delayed diagnosis or medical oversight, it’s crucial to understand that legal remedies exist to address such negligence. The Porter Law Group stands ready to evaluate potential medical malpractice cases and fight for appropriate compensation for victims of medical negligence. Time limitations apply to these cases, so prompt consultation with experienced legal counsel is essential.

Cancer Medical Malpractice Stories

The experts behind this article

Every Porter Law Group guide is written and reviewed by experienced New York personal injury attorneys.

Michael S. Porter
Written By
Michael S. Porter
Personal Injury Attorney

Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.

Full Bio
Eric C. Nordby
Legally Reviewed on July 12, 2025
Eric C. Nordby
Personal Injury Attorney

Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.

Full Bio
This page was legally reviewed by Eric C. Nordby on July 12, 2025. Our experts verify everything you read to make sure it's up to date. Read our editorial guidelines or contact us.