Failure to Diagnose Breast Cancer Resulted in an Increased Risk of Death
Francine K. was in her early thirties when she felt a lump in her breast during a self-examination. She went to see her gynecologist, who noted that the lump was cystic, mobile, and non-tender. Rather than sending Francine for additional testing, the doctor told Francine that she probably just had fibrocystic breasts, and that she should return to the office in three months.
Three months later, Francine returned. The gynecologist did not even check her breasts at that appointment. But Francine wasn’t worried because the doctor had reassured her that the lump was nothing to worry about.
Almost a year later, Francine noticed that the lump was larger. Now, her gynecologist sent Francine for a mammogram. Unfortunately, Francine had breast cancer – invasive ductal carcinoma in situ (DCIS) which spread to her lymph nodes. The delay in the cancer diagnosis meant that she had to undergo several rounds of chemotherapy and the surgical removal of both breasts. Even with the treatment, the cancer returned.
The Eisen Law Firm filed suit and retained top-notch experts in gynecology and oncology. The experts supported the claim that Francine should have been referred for further testing when she first reported the lump, and that such testing would have resulted in prompt diagnosis and cure.
After several months of litigation, a confidential settlement was reached for the full amount of the physician’s insurance coverage.