Court Allows Lawsuit against Provider Who Missed Infant’s Cancer Diagnosis

January 13, 2012 | Strategic Insights for Ambulatory Care


A Minnesota court of appeals has ruled that a physician who failed to diagnose cancer in an infant while it was treatable may be sued for malpractice, according to an article from the January 4, 2012, Star Tribune (Minneapolis, Minnesota). The plaintiff alleged that the provider failed to diagnose cancer in the form of a lump that grew on the infant for a year before a pediatric oncologist ultimately diagnosed the lump as stage IV alveolar rhabdomyosarcoma. Although the cancer would have been curable with a "timely diagnosis," the plaintiff’s experts alleged a 40% chance of survival by the time the cancer was diagnosed. If it had been diagnosed on time, the infant would have had a 60% chance of survival, they said.

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