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| Disposition:
(Settlement/Arbitration/Trial) |
Arbitration |
Date: |
1/17/1997 |
Type of Case: |
Medical Malpractice |
Allegation(s): |
Failure to Diagnose Breast Cancer; Reduced
Life Expectancy |
Result: |
$654,093 |
Case Name: |
Jones v. Fernald Wentzell, M.D. |
Facts: |
In August 1992, 40-year-old claimant Ana Jones, an education student, presented to Fernald Wentzell, M.D. for a lump in her right breast. Mrs. Jones had been treating with Dr. Wentzell for two years and he had delivered her last child. Dr. Wentzell noted a lump was palpable and drew a picture of it in Mrs. Jones' chart. He allegedly advised Mrs. Jones that, as she was still lactating, the lump was probably related to a clogged milk duct and not a cause for concern. He instructed her to return in six months for her regular checkup.
Claimant was seen again by Dr. Wentzell in February 1993 at which time the lump was still present and had grown in size. She was referred by Dr. Wentzell for a mammogram, which could not be done properly while she was still lactating. Mrs. Jones returned to see Dr. Wentzell in August 1993, after she had stopped breast-feeding four months earlier, with a complaint that the lump had grown in size. She was again referred for a mammogram which revealed dense lactating breasts without good evidence of malignancy. The mammogram report advised Dr. Wentzell that a negative mammogram should not discourage biopsy of a clinically suspicious lesion, since the principal value of mammography is to detect a non-palpable malignancy.
Mrs. Jones returned to Dr. Wentzell in February 1994 again complaining that the lump had grown in size. Dr. Wentzell confirmed this by drawing it in Mrs. Jones' chart and ordered another mammogram without any additional diagnostic studies. The report from this mammogram was negative. Eight months later, Mrs. Jones noticed a change in the skin texture in the area of the lump and returned to Dr. Wentzell in November of 1994. Dr. Wentzell then referred Mrs. Jones for a diagnostic biopsy which was positive for cancer. Claimant underwent a right radical mastectomy one month later, followed by chemotherapy, radiation therapy and reconstructive breast surgery.
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| Injury/Injuries: |
Disfiguring surgery, chemotherapy and radiation therapy, probable life expectancy of less than three years.
Past medical bills and future lost earnings.
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| Contentions: |
Mr. and Mrs. Jones contended that Dr. Wentzell violated the standard of care by failing to refer Mrs. Jones for a surgical consult within 60 days of her clinical presentation in August of 1992.
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| Special Notes: |
Arbitrators
awarded claimants $654,093 (Mrs. Jones'
general (emotional) damages of $250,000
(MICRA cap); Economic damages and future
loss of earnings of $304,093. Mr. Jones
was awarded general damages of $100,000.)
The Medical Board suspended Dr. Wentzell's
license for five years.
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