The 66-year old plaintiff, who had undergone a pre-admission chest x-ray in preparation for a cardiac catheterization, contended that the defendant cardiologist’s office filed the report without having a physician or nurse review it, and negligently failed to inform plaintiff of the finding of a lesion and the need for follow-up for approximately 20 months, at which time testing showed that the lesion had grown substantially in size. The defendant contended that even if diagnosed at the time of the cardiac catheterization, the prognosis would have been the same.
The plaintiff’s left lung was removed and pathology results revealed that he suffered squamous cell carcinoma in the left upper lobe. The plaintiff contended that as a result of the delay, the cancer progressed from a Stage IA, that would have provided a 70% chance of long term survival, to a IIB, that provided a 35% of such survival.
The evidence disclosed that the treatment, that included surgery and eight weeks of chemotherapy, would have been the same irrespective of the time of diagnosis. The cancer was ultimately diagnosed in November 2007. As of the time of the settlement, there has been no recurrence.
The case settled prior to trial for $500,000.
REFERENCE
A.A v. Daniels, M.D., et al. Docket no.: MON-L-1700-08; Judge Bette Uhrmacher.
Attorney for plaintiff: Charles A. Cerussi of Cerussi & Gunn in Shrewsbury, NJ.
