Alleged Failure to Diagnose Breast Cancer with Mammography, Ultrasound; Failure to Refer to Surgeon or Perform Biopsy; $3M Settlement

August 24, 2012 | Strategic Insights for Ambulatory Care


A $3 million settlement was reached in New York resolving a medical malpractice lawsuit alleging that a physician failed to diagnose breast cancer and provide a referral to a surgeon or perform a biopsy on a patient who was later diagnosed with stage IV breast cancer, according to a report from the August 2012 Medical Malpractice Verdicts, Settlements, and Experts. The 56-year-old patient discovered a lump in her breast in August 2006. Her internist ordered mammography and ultrasound tests, which were performed and interpreted by providers at another medical center. A radiologist did not interpret any findings suspicious of cancer on the breast imaging studies. In May 2007, the patient underwent another mammogram and ultrasound at the same medical center. Another radiologist at the center interpreted the images and did not interpret the findings as suspicious for cancer.

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