09/24/2012
Virginia Jury Returns Verdict For Patient’s Family In Medical Malpractice Case
A Virginia jury recently returned a verdict in favor of a patient’s family who died after a doctor failed to diagnose her lung cancer. The decedent had been a longtime patient of the defendant, a primary care physician. In 2007, as a part of an annual physical examination, the defendant performed a chest x-ray and missed an obvious early Stage IA lung lesion. The defendant did not have the film over-read by a radiologist nor did he order follow-up imaging. In 2008, the doctor repeated the chest film and again missed the lesion, which had grown and metastasized. In 2009, the patient became symptomatic, which prompted another chest x-ray that showed late stage metastatic cancer, which the defendant misinterpreted as bronchitis or pneumonia. When the patient’s symptoms were not relieved by a course of antibiotics, she was referred to a radiologist who immediately reported finding a large lesion that was consistent with advanced lung cancer. Additional films confirmed Stage IIIB lung cancer. Although the decedent underwent several rounds of chemotherapy, she could not beat the cancer into remission and died a short time later.
At trial, the plaintiff presented evidence that the standard of care required a primary care physician to request an over-read of films by a radiologist when an abnormality is present, which was the case in 2007 and 2008; and that had this been done, the decedent’s cancer would have likely been diagnosed and successfully treated. The defense focused on the decedent’s other co-morbidities and claimed that her cancer was not diagnosable in 2007 or 2008. After deliberating for only a few hours, the jury returned a $2,000,000 verdict in favor of the patient’s family.
The law firm of Pierce & Thornton specializes in medical malpractice litigation throughout North Carolina and Virginia, including in Norfolk, Portsmouth, Virginia Beach, Hampton, Newport News, Williamsburg, Suffolk, and the Eastern Shore. The attorneys at Pierce & Thornton have nearly 50 years of combined experience in litigating all types of medical malpractice cases, including those involving the misdiagnosis or failure to diagnose cancer or other serious medical conditions by a physician. They have obtained some of the largest jury verdicts and mediation settlements in Virginia over the past several years. We encourage you to contact our firm if you question the medical care rendered to you, a family member, or friend. If we can help you, we will. Your consultation is free.