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Failure to diagnose lung cancer (non-small cell carcinoma - adenocarcinoma); metastasis to kidney; death of 64 year man 14 months after diagnosis. Facts & Allegations The claims in this case involved a 16 month delay in diagnosis of lung cancer (non-small cell carcinoma - adenocarcinoma) in a 64 year old, 40-plus year smoker, married, father of 5 adult children. The delay in diagnosis permitted the cancer to progress from a Stage I-II (which can be treated with surgical resection) to Stage IV (as evidenced by a metastasis to the kidney). Dr. Turowsky, the plaintiff's primary care physician, performed a chest x-ray on September 19, 2000, during an annual physical exam and interpreted same as negative. However, the plaintiff alleged that the quality of the chest x-ray was poor and was diagnostically inadequate for purposes of ruling out lung pathology.
In August of 2001, the plaintiff had a urinary tract infection and was treated by Dr. Turowsky for same. In September/October of 2001, the plaintiff suffered from a loss of appetite, nausea and stomach cramping/aches. He was evaluated by Dr. Turowsky who prescribed a special diet. After the diet failed to alleviate his complaints, Dr. Turowsky prescribed antibiotics. When that didn't work, an antacid drink was prescribed. Finally, sometime in November of 2001, an abdominal sonogram was performed which was reported as negative. During this period of time, the plaintiff lost approximately 30 pounds, experienced difficulty breathing and developed a bad cough.
In December of 2001, Dr. Turowsky performed another chest x-ray on the plaintiff and interpreted same as being negative. On January 3, 2002, the plaintiff was wheezing and Dr. Turowsky diagnosed a small bronchitis and obtained another chest x-ray which he interpreted as demonstrating a small pneumonia on the left.
On January 5, 2002, the plaintiff was sweating, short of breath, nauseous, vomiting and had diarrhea so 911 was called and he was taken to NUMC. In the Emergency Department, a chest x-ray was taken and interpreted as showing pneumonia on the left. However, the film was also thought to be suspicious for carcinoma and a chest CT Scan was ordered.
A chest CT Scan was performed and revealed a large mass in the plaintiff's lower and upper left lung lobes which extended into the mediastinum and around his aorta. Thereafter, a bronchoscopy was performed and pathology revealed that the plaintiff had non-small cell carcinoma (adenocarcinoma). A metastasis work-up was then done which demonstrated a on one of his kidneys and his was diagnosed as Stage IV.
RESULT
$700,000 settlement paid on behalf of defendant.
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