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Wrongful Death, Failure to Diagnose Lung Cancer

$500,000 – Medical Malpractice/Negligence

Facts

Despite abnormal findings on chest x-ray, Scripps doctors did not follow up, and the patient was diagnosed with lung cancer. He died 8 months later.

Mr. H, at 63 years of age, went to Scripps Clinic to undergo a medical evaluation in March. During the examination, a chest x-ray revealed an infiltrate in the right infrahilar area of the right lower lobe of the lung. Scripps discharged the patient without scheduling a follow-up appointment regarding the finding. In December, Mr. Huntley was diagnosed with lung cancer, and the following August he passed away.

Allegations/Contentions

The heirs contended, and Scripps Clinic admitted, that it failed to follow up on the decedent’s initial diagnosis. The heirs contended that Mr. H was precluded from obtaining a timely diagnosis and treatment for the arrest of his cancer. While the defendant admitted liability, it contended that the outcome would have been the same even if the decedent’s cancer had been diagnosed at the initial visit in March.

Injuries/Damages

Wrongful death of 63-year-old.

Special Notes

The case settled for $500,000 after the depositions of plaintiffs’ medical experts.


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