Manhattan, New York (NewYorkInjuryNews.com) — After intensive negotiations, Sullivan Papain Block McGrath & Cannavo, P.C. reached a $1,300,000.00 pre-trial settlement on behalf of a 53-year old woman to compensate her for injuries, including the advancement of her stage of cancer, she sustained as a result of medical malpractice.
On May 11, 2004, the patient complained to her doctor that she had found a lump in her breast, and requested an exam. The doctor confirmed the patient’s report, and referred her for a mammography and sonogram. The patient complied with her doctor’s orders. The test results were negative.
Rather than perform or order additional tests to determine whether the lump was cancerous, the defendant doctor made no further recommendations.
In 2005, the patient returned to the same doctor for her next annual examination. She complained that the breast mass had grown. This time she was referred for a mammogram and sonogram. At her insistence, the doctor referred her to a breast surgeon. When she saw the breast surgeon, a biopsy was performed diagnosing breast cancer.
Further testing revealed Stage 2A breast cancer. The patient underwent a mastectomy, breast reconstruction, chemotherapy, and radiation therapy. The defendant doctor argued that the patient did not follow his instructions to return to his office within two months of her first complaint. At trial, the defendant doctor would have presented expert testimony that the one-year delay in diagnosis did not change our client’s staging, treatment, or survivability.
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