On May 8, 2000, the plaintiff was examined by Dr. Lastihenos. In his consultation report to Dr. Calves, Dr. Lastihenos noted that the plaintiff's shoulder had a discrete mass on the anterolateral aspect of the deltoid with tenderness. Dr. Lastihenos diagnosed the plaintiff as having either rotator cuff tendinitis or a mass of the right shoulder. As such, he ordered an MRI and advised the plaintiff to return within one month. Of note, a follow-up appointment was scheduled for June 1, 2000. the plaintiff did not keep that appointment because the MRI study was not successfully performed.

The plaintiff attempted to have the MRI performed, however, because the plaintiff experienced claustrophobia while in the MRI machine the study could not be performed. In a letter written on May 15, 2000, she informed Dr. Calves of the unsuccessful MRI and sought his advice regarding further treatment options.

Thereafter, the plaintiff continued to present with complaints of shoulder pain, seeing Dr. Calves on a number of occasions over the succeeding months. Dr. Calves diagnosed her as suffering from bursitis despite the fact that no MRI or CAT scan study had been performed.

In August, 2000, Dr. Calves referred the plaintiff for a CAT scan study of the shoulder. The procedure was performed at BAB Radiology and interpreted by Dr. Philip Beuchert. Although various abnormalities were noted by Dr. Beuchert, he did not report the presence of a soft tissue sarcoma.

In November 2000, Dr. Calves referred the plaintiff to Dr. Ward for another orthopedic consultation. On November 22, 2000, the plaintiff was seen by Dr. Ward who noted that she had pain over the right shoulder with swelling which had increased in size over the previous six months. Dr. Ward's physical examination revealed a prominent mass over the right shoulder region. Dr. Ward aspirated 35 cubic centimeters of fluid from the mass region, surmised it to be hematoma and failed to send the fluid for pathologic evaluation.

Dr. Ward recommended an MRI of the shoulder which was performed on December 29, 2000. The MRI was successfully performed and revealed a large soft tissue mass involving the right deltoid muscle with the possibility of a sarcoma highly entertained. Moreover, further evaluation with biopsy was suggested.

Thereafter, on February 1, 2001, the plaintiff was seen by Dr. Patrick Boland at Memorial Slaon Kettering Hospital. Dr. Boland performed a fine needle aspiration and a Tru-Cut biopsy, the pathology of which specimens revealed high grade sarcoma.

On March 6, 2001, the plaintiff's right arm and shoulder were amputated. By that time, she had developed metastasis to the lungs. The plaintiff died on July 11, 2001.

Plaintiff's expert would have testified that Dr. Calves departed from good and accepted medical standards by failing to properly follow-up with the plaintiff in May 2000, once he became aware that she not been able to tolerate the MRI procedure attempted at that time should have referred the patient for an MRI with sedation and/or a CAT scan study.

Plaintiff's expert orthopedist would have testified that Dr. Lastihenos departed from accepted medical practice by failing to follow-up with the patient subsequent to her scheduled June 1, 2000 office appointment to ascertain whether the recommended MRI study had been performed. Moreover, this expert would have testified that Dr. Lastihenos was negligent in failing to refer the patient to an orthopedic oncologist for aspiration and or biopsy of the shoulder mass. Additionally, this expert would have testified that Dr. Ward departed from accepted medical standards in November, 2000, by failing to send the needle aspiration sample he obtained for pathological analysis.

Plaintiff's expert radiologist would have testified that Dr. Philip Beuchert departed from accepted standards of medical treatment in August, 2000, by failing to properly interpret the CAT scan study performed at that time. According to this expert, the CAT scan study clearly demonstrated the presence of the deltoid sarcoma.