$33.1 Million Settlement Reached in Fatal Medical Negligence Case Involving Missed Lung Cancer Diagnosis

The Porter Law Group recently secured a $33.1 million settlement in a medical negligence case involving a failure to recommend routine lung cancer screening, which led to a patient's premature death from metastatic lung cancer at age 62.

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The case centered on a primary care physician's failure to follow established screening guidelines between 2014 and 2020, despite the patient having clear risk factors that qualified her for annual low-dose CT (LDCT) screening. According to evidence presented during the case, the doctor was aware of the patient's extensive smoking history of over 30 pack-years but failed to recommend or even discuss the availability of potentially life-saving LDCT screening on multiple occasions.

The case highlighted how the U.S. Preventive Services Task Force had established clear guidelines in 2013 recommending LDCT screening for high-risk individuals - specifically those aged 55 or older with a 30+ pack-year smoking history who currently smoke or quit within the past 15 years. These guidelines were widely adopted by major medical organizations and most insurance providers began covering the screening by 2015.

During litigation, it was revealed that LDCT screening was readily available at the medical facility where the patient received care, with scanning equipment installed on-site since December 2016. Despite this availability and the patient meeting all screening criteria, the physician failed to recommend or discuss screening options during at least 25 office visits over a six-year period.

The physician admitted in deposition testimony that this failure to recommend screening constituted a deviation from the standard of care. Medical experts testified that had proper screening been implemented, the patient's cancer likely would have been detected at an early, treatable stage rather than the advanced metastatic stage at which it was eventually discovered.

The patient was diagnosed with Stage IV lung cancer in August 2020 after presenting with symptoms. By that point, the cancer had already spread extensively, leaving no options for curative treatment. She endured three months of significant pain and suffering before passing away in November 2020.

Expert testimony established that with proper screening and early detection, the patient would likely have been diagnosed with Stage I or II disease when surgical intervention could have provided a chance for cure. The patient's oncology expert testified about the stark difference in survival rates between early-stage and late-stage lung cancer diagnoses.

The settlement takes into account both economic and non-economic damages, including medical expenses, funeral costs, lost financial support, and compensation for the patient's pain and suffering during her final months. It also includes damages for loss of parental guidance for her surviving daughter.

This case underscores the critical importance of following established screening guidelines for high-risk patients. Annual LDCT screening has been proven to reduce lung cancer mortality by enabling early detection when the disease is most treatable. Healthcare providers have a clear duty to educate eligible patients about screening options and facilitate appropriate testing.

The Porter Law Group notes that this settlement sends a strong message about healthcare providers' obligations to follow evidence-based screening protocols. Patients who meet high-risk criteria for lung cancer should discuss screening options with their healthcare providers. Those who have lost loved ones due to potentially delayed cancer diagnoses should seek experienced legal counsel to understand their rights.

For more information about lung cancer screening guidelines or to discuss a potential medical negligence case, contact the Porter Law Group for a confidential consultation.