$1.4 Million Settlement Secured in Delayed Lung Cancer Diagnosis Case

The Porter Law Group recently secured a $1.4 million settlement in a medical malpractice case involving a primary care physician's failure to follow up on abnormal lung cancer screening results, leading to a delayed diagnosis and significantly worse prognosis for the patient.

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The case centered around a 65-year-old patient with a 50+ pack-year smoking history who underwent a low-dose CT scan in October 2017 that revealed a 4mm nodule in her right upper lung lobe. Despite the radiologist's clear recommendation for a 12-month follow-up scan, the primary care physician failed to notify the patient of the findings or schedule the recommended follow-up imaging.

The patient subsequently moved to North Carolina in March 2019, completely unaware of the concerning nodule that had been identified. It wasn't until November 2020 that a routine surveillance CT ordered by her new primary care physician revealed the nodule had grown to a large 85mm mass. By this point, the cancer had progressed to Stage IIIA, requiring extensive surgery and chemotherapy that could have been avoided with earlier detection.

Medical experts retained by the Porter Law Group testified that had proper follow-up occurred in 2018 as recommended, the cancer likely would have been diagnosed at Stage IA when it could have been treated with surgery alone, avoiding the need for chemotherapy. Most critically, the patient's 5-year survival rate dropped from 90% to just 41% due to the delay in diagnosis.

The primary care physician attempted to defend his actions by claiming it was his "custom and practice" to inform patients of abnormal results and that the radiology department's patient notification system would have alerted the patient about needed follow-up. However, there was no documentation in the medical record of any discussions with the patient about the abnormal findings or any evidence that notification letters were actually sent.

The physician's defense was further undermined by evidence showing he had properly documented discussions about other test results, including abnormal mammogram findings from the same day as the CT scan. The fact that he thoroughly documented those communications but had no record of discussing the lung nodule significantly weakened his position.

Additionally, experts testified that as the ordering physician, he had an obligation to ensure proper follow-up occurred and could not simply rely on automated notification systems. This was especially true given the patient's significant risk factors for lung cancer, including her extensive smoking history and family history of the disease.

The settlement reflects the devastating impact of the delayed diagnosis on the patient's prognosis and quality of life. In addition to having to undergo much more extensive treatment, she now lives with the knowledge that her chance of survival was cut by more than half. The settlement will help cover past medical expenses, ongoing care needs, and compensation for the profound emotional distress caused by the dramatically worsened prognosis.

This case underscores the critical importance of proper follow-up on abnormal test results and maintaining clear documentation of all patient communications. It also highlights that automated systems cannot replace a physician's fundamental duty to ensure patients are informed of concerning findings and receive appropriate follow-up care.

If you or a loved one has experienced delays in cancer diagnosis or other serious medical conditions, please contact the Porter Law Group to discuss your legal rights and options. Our experienced medical malpractice attorneys have the expertise to thoroughly investigate these complex cases and hold healthcare providers accountable when their negligence causes harm.