The Porter Law Group recently secured a $2.5 million settlement in a medical malpractice case involving the failure to properly monitor and diagnose liver cancer in a patient with hepatitis C, resulting in his untimely death.
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The case centered around a patient with a long-standing history of hepatitis C who had been under the care of his physician from 1995 through 2014. Despite ordering regular tumor marker tests and imaging studies during this period, the physician failed to implement proper cancer surveillance protocols after a 2015 MRI showed concerning changes in the patient's liver.
In January 2015, an MRI revealed an "abnormal appearance to the entire liver" suggesting possible cirrhosis. However, the treating physician did not further investigate these findings or communicate them to the patient. Instead, he proceeded with hepatitis C treatment without addressing the underlying liver concerns. A subsequent ultrasound in September 2015 showed additional changes suggesting cirrhosis and revealed multiple concerning lesions.
The case highlighted several critical failures in the standard of care. The radiologist who interpreted a follow-up MRI in September 2015 failed to properly report the full extent of the cirrhosis and did not recommend necessary follow-up imaging. More significantly, the treating physician admitted in depositions that patients with cirrhosis should undergo regular screening for liver cancer, including biannual ultrasounds and blood work - screenings that were never ordered for this patient.
Medical experts testified that had proper screening protocols been followed, the cancer would have been diagnosed at Stage I, when numerous curative treatment options would have been available. Instead, by the time the cancer was finally discovered in July 2019, it had advanced to an incurable stage. The patient endured four months of tremendous physical and emotional suffering before passing away in November 2019.
Prior to his diagnosis, the patient was an active, healthy man who operated a successful snow removal business and was deeply involved in his family life. He lived with his wife of nearly 40 years and their two daughters, one of whom required significant care due to a disability. The patient's death not only devastated his family emotionally but also resulted in substantial economic losses, including the eventual sale of his business and the loss of valuable household services he provided.
The settlement takes into account multiple factors, including the patient's pre-death pain and suffering, the family's loss of support and services, and significant economic damages. An economist calculated future lost business profits exceeding $350,000 and the value of lost household services approaching $200,000. The settlement also accounts for outstanding medical liens totaling over $102,000.
This case underscores the critical importance of proper medical monitoring and communication in high-risk patients. The standard of care requires regular cancer surveillance for patients with cirrhosis, and the failure to provide such monitoring can have catastrophic consequences. The settlement provides some measure of justice for the family while holding medical providers accountable for their failures to meet established standards of care.
If you or a loved one has experienced similar medical negligence, it's crucial to seek experienced legal representation. The Porter Law Group has extensive experience in handling complex medical malpractice cases and fighting for the rights of patients and their families. Contact our office to discuss your situation and learn about your legal options.
