$1.8 Million Failure To Diagnose Settlement
In a medical malpractice case claiming the failure to diagnose and treat cancer, the firm’s client was awarded $1.8 million for the claimed damages by the insurance company. The failure to diagnose the cancer in a reasonable time led to a delay in treatment which affected the client’s chances for recovery. Cancer has been viewed throughout history as an angel of death and the firm’s client was robbed of the chance for recovery because of a negligent mistake on the part of the doctor.
The misdiagnosis of cancer and other serious conditions is prevalent in the health field. While doctors sometimes have a good reason for their oversight, the misdiagnosis is many times simply due to carelessness. Misdiagnosis and failure to diagnose often lead to a more serious problem known as the failure to rescue. This concerns the delay of or failure to treat a serious condition and save the patient simply because the condition was not diagnosed in a timely manner.
Because of the seriousness of cancer, when The Law Offices of Richard M. Kenny was approached with this case, the firm’s personal injury attorneys immediately began working on building a solid case on behalf of the client. The concern was, first, to gain retribution on behalf of the client, who was a cancer patient with a significantly narrower margin of survival due to the doctor’s failure to diagnose.
Second, the patient wanted to know that in the event of passing away, which was now more likely than ever, that the patient’s family and dependents would be cared for in the patient’s absence. Satisfied with the outcome of the case yet somber at the reality of the client’s situation, firm attorney James Lundy expressed his approval of the results, knowing that the client had been given “…peace of mind that the children would be provided for after passing on.”
