$4.7 Million Settlement Secured in Fatal Lung Cancer Medical Negligence Case

The Porter Law Group has successfully negotiated a significant settlement in a medical malpractice case involving delayed lung cancer screening and diagnosis, highlighting the critical importance of following established medical screening protocols. The case centered around a healthcare provider's failure to implement and follow standard lung cancer screening procedures, ultimately leading to a terminal diagnosis for the client.

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The case originated in 2015 when the client began treatment with a primary care physician who failed to implement proper lung cancer screening protocols, despite the client's documented smoking history that qualified him for annual low-dose CT (LDCT) screening. According to medical records, the client had reported a 30-year pack history as early as 2007, which clearly indicated the need for regular screening under established medical guidelines.

The investigation revealed multiple concerning aspects of the medical care provided. The physician admitted to not adopting shared decision-making practices for LDCT screening until 2018, despite these protocols being well-established in the medical community since 2010. The National Lung Screening Trial results, published in November 2010, had been widely accepted by numerous prestigious medical organizations, including the American College of Chest Physicians, the American Society of Clinical Oncology, and the American Thoracic Society.

Even more troubling was the physician's failure to implement these protocols after claiming to have "embraced" them in 2018. Multiple opportunities for screening discussions were missed during office visits in August 2018, January 2019, and March 2019. The physician didn't engage in shared decision-making with the client until January 2020, by which time the cancer had already progressed significantly.

Expert testimonies played a crucial role in establishing the severity of the negligence. Medical experts testified that earlier LDCT screening would more likely than not have led to an earlier diagnosis, potentially preventing metastasis and offering a better prognosis. The experts emphasized that the standard one-year interval for LDCT screening is based on cancer growth patterns, suggesting that even initiating screening one year earlier could have significantly impacted the outcome.

The case also highlighted serious deficiencies in the physician's record-keeping and patient assessment practices. Despite creating a template for documenting shared decision-making regarding LDCT screening, the physician failed to use this tool for the client until January 2020. Furthermore, the physician failed to properly document and investigate the client's smoking history, which is crucial for determining screening eligibility.

Perhaps most concerning was the physician's failure to recognize and act upon warning signs of advanced disease. The client's hoarseness, combined with aortopulmonary lymphadenopathy (swollen lymph nodes in the chest), should have raised immediate concerns about cancer. However, medical records showed no indication that these symptoms were properly evaluated or communicated to the client.

The settlement reflects the devastating impact of these medical oversights on the client and their family. The client's condition is terminal, and while currently stable, the prognosis is poor. The settlement provides crucial financial support for ongoing medical care and compensation for the profound impact on the client's quality of life and life expectancy.

This case serves as a sobering reminder of the importance of following established medical screening protocols and maintaining clear communication between healthcare providers and patients. It also highlights the critical role of proper documentation and timely implementation of medical standards of care.

If you or a loved one has experienced delays in cancer diagnosis or screening, it's crucial to seek legal counsel promptly. The Porter Law Group has extensive experience in medical malpractice cases and can help evaluate your situation. Contact our office today for a confidential consultation to discuss your rights and options.