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$1.1 Million Settlement Reached in Fatal Lung Cancer Misdiagnosis Case

Last Updated on Originally published December 14, 2024
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The Porter Law Group has secured a $1.1 million settlement in a medical malpractice case involving the failure to diagnose lung cancer, which ultimately led to the death of a patient. The case centered around a radiologist’s negligent interpretation of a chest x-ray, resulting in a critical delay in diagnosis and treatment.

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On July 21, 2019, the patient underwent a routine chest x-ray that would later prove to be a pivotal moment in her medical journey. The radiologist, reviewing the x-ray, concluded that “the lungs appear clear” and reported “no evidence of acute cardiopulmonary disease.” However, according to expert testimony, this interpretation missed a crucial 2.5 cm asymmetric nodular opacity in the patient’s right lower lung, visible in the lateral view of the x-ray.

The case’s strength lay in the clear evidence that the radiologist failed to identify and report this significant abnormality, particularly when comparing it to the patient’s previous chest x-ray from February 18, 2019, which showed no suspicious findings. Medical experts testified that the standard of care required not only identification of the abnormality but also a recommendation for a dedicated lung CT scan for further investigation.

The consequences of this missed diagnosis were devastating. By the time the cancer was finally discovered, it had progressed to stage IV mucinous adenocarcinoma. The patient was admitted to the hospital on March 26, 2021, with shortness of breath and cough, where she was found to have acute hypoxic respiratory failure and a large right-sided pleural effusion requiring immediate medical intervention.

The final month of the patient’s life was marked by rapid decline and intense suffering. Despite multiple hospital admissions and interventions, her condition deteriorated quickly. By April 5, 2021, a bronchoscopy and biopsy confirmed stage IV mucinous adenocarcinoma. The cancer had progressed so aggressively that she was deemed unsuitable for any treatment, including chemotherapy, leaving her with no hope for recovery.

The patient’s suffering was not merely physical. Medical records document her awareness of her poor prognosis and the emotional anguish of facing imminent death. After multiple episodes of cardiac complications, she made the difficult decision to change her status to DNR/DNI, expressing that she was “tired of suffering and no longer wished to prolong the inevitable.” She passed away on April 20, 2021.

The settlement reflects not only the clear liability in the case but also the profound impact on the patient’s family, including her husband of more than 50 years, their two children, four grandchildren, and two great-grandchildren. Expert testimony established that with proper diagnosis in July 2019, the patient would have had opportunities for curative surgical treatments and likely would have survived.

This case highlights the critical importance of thorough radiological review and the devastating consequences of missed diagnoses. According to recent studies, diagnostic errors affect approximately 12 million Americans each year, with cancer misdiagnosis being among the most serious in terms of patient harm.

If you or a loved one has experienced a delayed diagnosis or medical misinterpretation, it’s crucial to understand your legal rights. The Porter Law Group has extensive experience in medical malpractice cases and can provide the expertise needed to evaluate your situation. Contact our office for a confidential consultation to discuss your case.

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

Michael S. Porter
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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.

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Eric C. Nordby
Legally Reviewed on December 14, 2024
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.

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This page was legally reviewed by Eric C. Nordby on December 14, 2024. Our experts verify everything you read to make sure it's up to date. Read our editorial guidelines or contact us.