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Unreported abnormal Pap smear blamed in death
During an annual visit in 1998, a 37-year-old woman was found to have a lesion on her cervix. A biopsy confirmed that she had cancer. The physician determined that the tumor was too large for surgery. The patient therefore underwent radiation and chemotherapy, but died 2 years later.
In suing, the woman’s family claimed that a 1994 Pap smear had been improperly read. According to the family, a cytotechnologist had reviewed the Pap smear and reported it as normal, despite the presence of abnormal cells on the slide. Had a pathologist reviewed the Pap smear, they argued, the atypical cells would have been discovered.
The defendant laboratory contended that there were very few abnormal cells on the 1994 slide and that failure to identify them was not negligent.
- The plaintiff was awarded $4 million.
During an annual visit in 1998, a 37-year-old woman was found to have a lesion on her cervix. A biopsy confirmed that she had cancer. The physician determined that the tumor was too large for surgery. The patient therefore underwent radiation and chemotherapy, but died 2 years later.
In suing, the woman’s family claimed that a 1994 Pap smear had been improperly read. According to the family, a cytotechnologist had reviewed the Pap smear and reported it as normal, despite the presence of abnormal cells on the slide. Had a pathologist reviewed the Pap smear, they argued, the atypical cells would have been discovered.
The defendant laboratory contended that there were very few abnormal cells on the 1994 slide and that failure to identify them was not negligent.
- The plaintiff was awarded $4 million.
During an annual visit in 1998, a 37-year-old woman was found to have a lesion on her cervix. A biopsy confirmed that she had cancer. The physician determined that the tumor was too large for surgery. The patient therefore underwent radiation and chemotherapy, but died 2 years later.
In suing, the woman’s family claimed that a 1994 Pap smear had been improperly read. According to the family, a cytotechnologist had reviewed the Pap smear and reported it as normal, despite the presence of abnormal cells on the slide. Had a pathologist reviewed the Pap smear, they argued, the atypical cells would have been discovered.
The defendant laboratory contended that there were very few abnormal cells on the 1994 slide and that failure to identify them was not negligent.
- The plaintiff was awarded $4 million.
Did misread mammogram result in breast cancer, death?
<court>Kings County (NY) Supreme Court</court>
In October 1996, a 40-year-old woman presented to her physician for a mammogram, which the doctor interpreted as normal.
In September 1997, the woman returned to her doctor complaining of pain and a mass in her breast. A mammogram revealed cancer, which had metastasized to her bones. She later died.
In suing, the patient’s family claimed the physician failed to properly read the 1996 mammogram, thereby delaying diagnosis of her disease. The doctor contended that the mass was aggressive and had developed after the 1996 mammogram.
- Prior to the return of the jury verdict, the defense agreed to a high/low settlement, with a minimum payment of $100,000. The jury later returned a verdict for the defense.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Kings County (NY) Supreme Court</court>
In October 1996, a 40-year-old woman presented to her physician for a mammogram, which the doctor interpreted as normal.
In September 1997, the woman returned to her doctor complaining of pain and a mass in her breast. A mammogram revealed cancer, which had metastasized to her bones. She later died.
In suing, the patient’s family claimed the physician failed to properly read the 1996 mammogram, thereby delaying diagnosis of her disease. The doctor contended that the mass was aggressive and had developed after the 1996 mammogram.
- Prior to the return of the jury verdict, the defense agreed to a high/low settlement, with a minimum payment of $100,000. The jury later returned a verdict for the defense.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Kings County (NY) Supreme Court</court>
In October 1996, a 40-year-old woman presented to her physician for a mammogram, which the doctor interpreted as normal.
In September 1997, the woman returned to her doctor complaining of pain and a mass in her breast. A mammogram revealed cancer, which had metastasized to her bones. She later died.
In suing, the patient’s family claimed the physician failed to properly read the 1996 mammogram, thereby delaying diagnosis of her disease. The doctor contended that the mass was aggressive and had developed after the 1996 mammogram.
- Prior to the return of the jury verdict, the defense agreed to a high/low settlement, with a minimum payment of $100,000. The jury later returned a verdict for the defense.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
Metastatic breast cancer follows unreported mammogram results
A woman underwent a routine mammogram in October 1999. The report indicated possible nodular density in the upper outer quadrant of the right breast. In August 2000, the woman discovered a mass in this same location during self-examination. She was later diagnosed with breast cancer that had metastasized. She underwent chemotherapy, a right modified radical mastectomy, and radiation therapy.
In suing, the patient claimed she was never contacted with the results of her 1999 mammogram or about the need for further testing.
The physician argued that he tried to contact the patient several times.
- The jury awarded the plaintiff $6.8 million.
A woman underwent a routine mammogram in October 1999. The report indicated possible nodular density in the upper outer quadrant of the right breast. In August 2000, the woman discovered a mass in this same location during self-examination. She was later diagnosed with breast cancer that had metastasized. She underwent chemotherapy, a right modified radical mastectomy, and radiation therapy.
In suing, the patient claimed she was never contacted with the results of her 1999 mammogram or about the need for further testing.
The physician argued that he tried to contact the patient several times.
- The jury awarded the plaintiff $6.8 million.
A woman underwent a routine mammogram in October 1999. The report indicated possible nodular density in the upper outer quadrant of the right breast. In August 2000, the woman discovered a mass in this same location during self-examination. She was later diagnosed with breast cancer that had metastasized. She underwent chemotherapy, a right modified radical mastectomy, and radiation therapy.
In suing, the patient claimed she was never contacted with the results of her 1999 mammogram or about the need for further testing.
The physician argued that he tried to contact the patient several times.
- The jury awarded the plaintiff $6.8 million.
Did fetal chorioamnionitis exposure cause brain damage?
Doctors diagnosed chorioamnionitis in a 15-year-old girl who presented to a hospital in labor and with a fever at approximately 10:45 AM. By 1 PM the patient was 5-cm dilated, but labor failed to progress. At 3:30 PM, doctors decided to deliver the infant via cesarean. However, delivery did not occur until 67 minutes after the order.
The infant was born with Apgar scores of 9 at 1 minute and 9 at 5 minutes. Following antibiotic therapy for possible meningitis that may have resulted from exposure to the mother’s infection, all cultures performed on the infant were normal.
The child, who was 15-years-old at the time of the trial, was enrolled in high school but required special education classes. In suing, he claimed that exposure to the mother’s infection at the time of his birth caused his developmental delays. He contended that cesarean delivery should have been performed earlier to minimize exposure.
The physician argued that any developmental delays were minimal and unrelated to the events at birth, evidenced by the fact that the infant had Apgar scores of 9 at both 1 and 5 minutes.
- The case settled for $1.75 million.
Doctors diagnosed chorioamnionitis in a 15-year-old girl who presented to a hospital in labor and with a fever at approximately 10:45 AM. By 1 PM the patient was 5-cm dilated, but labor failed to progress. At 3:30 PM, doctors decided to deliver the infant via cesarean. However, delivery did not occur until 67 minutes after the order.
The infant was born with Apgar scores of 9 at 1 minute and 9 at 5 minutes. Following antibiotic therapy for possible meningitis that may have resulted from exposure to the mother’s infection, all cultures performed on the infant were normal.
The child, who was 15-years-old at the time of the trial, was enrolled in high school but required special education classes. In suing, he claimed that exposure to the mother’s infection at the time of his birth caused his developmental delays. He contended that cesarean delivery should have been performed earlier to minimize exposure.
The physician argued that any developmental delays were minimal and unrelated to the events at birth, evidenced by the fact that the infant had Apgar scores of 9 at both 1 and 5 minutes.
- The case settled for $1.75 million.
Doctors diagnosed chorioamnionitis in a 15-year-old girl who presented to a hospital in labor and with a fever at approximately 10:45 AM. By 1 PM the patient was 5-cm dilated, but labor failed to progress. At 3:30 PM, doctors decided to deliver the infant via cesarean. However, delivery did not occur until 67 minutes after the order.
The infant was born with Apgar scores of 9 at 1 minute and 9 at 5 minutes. Following antibiotic therapy for possible meningitis that may have resulted from exposure to the mother’s infection, all cultures performed on the infant were normal.
The child, who was 15-years-old at the time of the trial, was enrolled in high school but required special education classes. In suing, he claimed that exposure to the mother’s infection at the time of his birth caused his developmental delays. He contended that cesarean delivery should have been performed earlier to minimize exposure.
The physician argued that any developmental delays were minimal and unrelated to the events at birth, evidenced by the fact that the infant had Apgar scores of 9 at both 1 and 5 minutes.
- The case settled for $1.75 million.
Could hysterectomy following uterine atony have been avoided?
A woman presented to a hospital for delivery. Following a normal vaginal birth, the patient began to hemorrhage as a result of uterine atony.
The physician performed a dilatation and curettage procedure, which was ineffective. A hysterectomy was thus required.
In suing, the patient claimed that the physician failed to properly monitor and record findings of fundal firmness and vaginal bleeding, and failed to record blood pressure and pulse every 10 to 15 minutes, as was hospital policy. She argued that the uterine atony was not treated in a timely manner, thus necessitating a hysterectomy.
The physician argued that the woman was appropriately treated, adding that she was given fundal massage following delivery, her bleeding was treated with carboprost tromethamine and methylergonovine maleate, and she was administered blood and platelets.
- The jury returned a verdict for the defense.
A woman presented to a hospital for delivery. Following a normal vaginal birth, the patient began to hemorrhage as a result of uterine atony.
The physician performed a dilatation and curettage procedure, which was ineffective. A hysterectomy was thus required.
In suing, the patient claimed that the physician failed to properly monitor and record findings of fundal firmness and vaginal bleeding, and failed to record blood pressure and pulse every 10 to 15 minutes, as was hospital policy. She argued that the uterine atony was not treated in a timely manner, thus necessitating a hysterectomy.
The physician argued that the woman was appropriately treated, adding that she was given fundal massage following delivery, her bleeding was treated with carboprost tromethamine and methylergonovine maleate, and she was administered blood and platelets.
- The jury returned a verdict for the defense.
A woman presented to a hospital for delivery. Following a normal vaginal birth, the patient began to hemorrhage as a result of uterine atony.
The physician performed a dilatation and curettage procedure, which was ineffective. A hysterectomy was thus required.
In suing, the patient claimed that the physician failed to properly monitor and record findings of fundal firmness and vaginal bleeding, and failed to record blood pressure and pulse every 10 to 15 minutes, as was hospital policy. She argued that the uterine atony was not treated in a timely manner, thus necessitating a hysterectomy.
The physician argued that the woman was appropriately treated, adding that she was given fundal massage following delivery, her bleeding was treated with carboprost tromethamine and methylergonovine maleate, and she was administered blood and platelets.
- The jury returned a verdict for the defense.
Did failure to diagnose HELLP result in cerebral palsy?
A 21-year-old woman presented to a hospital at 26 weeks’ gestation for delivery. One year after birth, the premature infant was diagnosed with cerebral palsy. In suing, the mother claimed that there was a delay in diagnosing hemolysis, elevated liver enzymes, and low platelet count (HELLP) syndrome. She argued that had the diagnosis been made earlier, she could have received steroids to prolong the pregnancy.
The defendants contended that the diagnosis was made in a timely manner. In addition, they claimed that even if the diagnosis had been made earlier, the outcome would not have changed, as the fetus was too under developed for steroids to have an effect.
- The jury returned a verdict for the defense.
A 21-year-old woman presented to a hospital at 26 weeks’ gestation for delivery. One year after birth, the premature infant was diagnosed with cerebral palsy. In suing, the mother claimed that there was a delay in diagnosing hemolysis, elevated liver enzymes, and low platelet count (HELLP) syndrome. She argued that had the diagnosis been made earlier, she could have received steroids to prolong the pregnancy.
The defendants contended that the diagnosis was made in a timely manner. In addition, they claimed that even if the diagnosis had been made earlier, the outcome would not have changed, as the fetus was too under developed for steroids to have an effect.
- The jury returned a verdict for the defense.
A 21-year-old woman presented to a hospital at 26 weeks’ gestation for delivery. One year after birth, the premature infant was diagnosed with cerebral palsy. In suing, the mother claimed that there was a delay in diagnosing hemolysis, elevated liver enzymes, and low platelet count (HELLP) syndrome. She argued that had the diagnosis been made earlier, she could have received steroids to prolong the pregnancy.
The defendants contended that the diagnosis was made in a timely manner. In addition, they claimed that even if the diagnosis had been made earlier, the outcome would not have changed, as the fetus was too under developed for steroids to have an effect.
- The jury returned a verdict for the defense.
Did delayed cesarean lead to infant’s cerebral palsy?
Upon presenting to a hospital for delivery, a woman’s labor failed to progress. Oxytocin was therefore administered to stimulate contractions. During this time her labor was handled entirely by residents. This, despite the fact that multiple signs of fetal hypoxia. including nonreassuring fetal heart tracings and thick meconium.allegedly were present.
Approximately 30 minutes after the delivering physician arrived, an emergency cesarean was performed. Upon delivery, the infant demonstrated signs of severe neurological depression from hypoxic ischemic insult. Shortly after birth, the infant had low Apgar scores, severe metabolic acidosis, mul tiorgan failure, and seizures. The child now suffers from cerebral palsy as well as loss of cognitive functions.
In suing, the mother claimed that the cesarean should have been performed at least 6 hours before delivery actually took place.
The physician contended that the cesarean was performed in a timely manner and that there was no violation of proper care.
- The case settled in mediation for $3.8 million.
Upon presenting to a hospital for delivery, a woman’s labor failed to progress. Oxytocin was therefore administered to stimulate contractions. During this time her labor was handled entirely by residents. This, despite the fact that multiple signs of fetal hypoxia. including nonreassuring fetal heart tracings and thick meconium.allegedly were present.
Approximately 30 minutes after the delivering physician arrived, an emergency cesarean was performed. Upon delivery, the infant demonstrated signs of severe neurological depression from hypoxic ischemic insult. Shortly after birth, the infant had low Apgar scores, severe metabolic acidosis, mul tiorgan failure, and seizures. The child now suffers from cerebral palsy as well as loss of cognitive functions.
In suing, the mother claimed that the cesarean should have been performed at least 6 hours before delivery actually took place.
The physician contended that the cesarean was performed in a timely manner and that there was no violation of proper care.
- The case settled in mediation for $3.8 million.
Upon presenting to a hospital for delivery, a woman’s labor failed to progress. Oxytocin was therefore administered to stimulate contractions. During this time her labor was handled entirely by residents. This, despite the fact that multiple signs of fetal hypoxia. including nonreassuring fetal heart tracings and thick meconium.allegedly were present.
Approximately 30 minutes after the delivering physician arrived, an emergency cesarean was performed. Upon delivery, the infant demonstrated signs of severe neurological depression from hypoxic ischemic insult. Shortly after birth, the infant had low Apgar scores, severe metabolic acidosis, mul tiorgan failure, and seizures. The child now suffers from cerebral palsy as well as loss of cognitive functions.
In suing, the mother claimed that the cesarean should have been performed at least 6 hours before delivery actually took place.
The physician contended that the cesarean was performed in a timely manner and that there was no violation of proper care.
- The case settled in mediation for $3.8 million.
Shoulder dystocia leads to nerve graft procedure
A woman presented to a hospital for delivery. During delivery, shoulder dystocia was encountered. The infant was born with nerve damage to the brachial plexus.
The child underwent a nerve graft procedure, in which the sural nerve from the back of her leg was grafted into the damaged brachial plexus. The infant recovered 90% to 95% use of her left arm.
In suing, the patient argued that the doctor applied excessive pressure to the infant’s head during delivery, resulting in the nerve damage. The physician contended that the delivery was difficult and that all appropriate maneuvers were performed.
- The case settled for $750,000.
A woman presented to a hospital for delivery. During delivery, shoulder dystocia was encountered. The infant was born with nerve damage to the brachial plexus.
The child underwent a nerve graft procedure, in which the sural nerve from the back of her leg was grafted into the damaged brachial plexus. The infant recovered 90% to 95% use of her left arm.
In suing, the patient argued that the doctor applied excessive pressure to the infant’s head during delivery, resulting in the nerve damage. The physician contended that the delivery was difficult and that all appropriate maneuvers were performed.
- The case settled for $750,000.
A woman presented to a hospital for delivery. During delivery, shoulder dystocia was encountered. The infant was born with nerve damage to the brachial plexus.
The child underwent a nerve graft procedure, in which the sural nerve from the back of her leg was grafted into the damaged brachial plexus. The infant recovered 90% to 95% use of her left arm.
In suing, the patient argued that the doctor applied excessive pressure to the infant’s head during delivery, resulting in the nerve damage. The physician contended that the delivery was difficult and that all appropriate maneuvers were performed.
- The case settled for $750,000.
Did insufficient testing following auto accident result in stillbirth?
A gravida was involved in a minor auto accident at 32 weeks’ gestation. She was admitted to a hospital’s labor and delivery unit 30 hours after the accident. The fetal monitor showed normal variability and a fetal heart strip was reactive. The patient was discharged after an overnight stay. Five days later, the woman prematurely delivered a stillborn.
In suing, the woman argued that additional testing should have been performed during her hospital stay. The physician maintained that the infant died just prior to delivery because the umbilical cord was wrapped around its neck.
- The jury returned a verdict for the defense.
A gravida was involved in a minor auto accident at 32 weeks’ gestation. She was admitted to a hospital’s labor and delivery unit 30 hours after the accident. The fetal monitor showed normal variability and a fetal heart strip was reactive. The patient was discharged after an overnight stay. Five days later, the woman prematurely delivered a stillborn.
In suing, the woman argued that additional testing should have been performed during her hospital stay. The physician maintained that the infant died just prior to delivery because the umbilical cord was wrapped around its neck.
- The jury returned a verdict for the defense.
A gravida was involved in a minor auto accident at 32 weeks’ gestation. She was admitted to a hospital’s labor and delivery unit 30 hours after the accident. The fetal monitor showed normal variability and a fetal heart strip was reactive. The patient was discharged after an overnight stay. Five days later, the woman prematurely delivered a stillborn.
In suing, the woman argued that additional testing should have been performed during her hospital stay. The physician maintained that the infant died just prior to delivery because the umbilical cord was wrapped around its neck.
- The jury returned a verdict for the defense.
Missed placental abruption results in infant’fs quadriplegia
Six days before her baby was due, a pregnant woman presented to a hospital complaining of abdominal pain.
Upon admission, fetal heart monitor tracings showed some decelerations. An hour and 15 minutes later, the tracing was nonreassuring. The obstetrical resident then ordered an emergency cesarean, but the attending obstetrician overruled the resident’s decision.
Approximately 1 hour later, the tracing became nonreassuring again. The obstetrician ordered an emergency cesarean, but the infant was not delivered until 46 minutes later. At delivery, a placental abruption of 20% was discovered. The infant, who was 5 years old at the time of the trial, is a quadriplegic.
In suing, the mother argued that the 46-minute delay in delivery was the physician’s fault. The obstetrician agreed that the delay was inexcusable, claiming that he did not recall why it occurred. The defense speculated, however, that the delay was due to a shortage of available anesthesia personnel.
The patient settled the case with the hospital for $6 million shortly before trial.
In the trial against the obstetrician, the woman argued that the doctor was negligent in delaying the cesarean. Further, the physician mistook her presenting abdominal pains for labor when, in fact, they were due to her placental abruption. She maintained that this misdiagnosis ultimately resulted in the child’s injuries.
- The jury awarded the plaintiff $90.9 million.
Six days before her baby was due, a pregnant woman presented to a hospital complaining of abdominal pain.
Upon admission, fetal heart monitor tracings showed some decelerations. An hour and 15 minutes later, the tracing was nonreassuring. The obstetrical resident then ordered an emergency cesarean, but the attending obstetrician overruled the resident’s decision.
Approximately 1 hour later, the tracing became nonreassuring again. The obstetrician ordered an emergency cesarean, but the infant was not delivered until 46 minutes later. At delivery, a placental abruption of 20% was discovered. The infant, who was 5 years old at the time of the trial, is a quadriplegic.
In suing, the mother argued that the 46-minute delay in delivery was the physician’s fault. The obstetrician agreed that the delay was inexcusable, claiming that he did not recall why it occurred. The defense speculated, however, that the delay was due to a shortage of available anesthesia personnel.
The patient settled the case with the hospital for $6 million shortly before trial.
In the trial against the obstetrician, the woman argued that the doctor was negligent in delaying the cesarean. Further, the physician mistook her presenting abdominal pains for labor when, in fact, they were due to her placental abruption. She maintained that this misdiagnosis ultimately resulted in the child’s injuries.
- The jury awarded the plaintiff $90.9 million.
Six days before her baby was due, a pregnant woman presented to a hospital complaining of abdominal pain.
Upon admission, fetal heart monitor tracings showed some decelerations. An hour and 15 minutes later, the tracing was nonreassuring. The obstetrical resident then ordered an emergency cesarean, but the attending obstetrician overruled the resident’s decision.
Approximately 1 hour later, the tracing became nonreassuring again. The obstetrician ordered an emergency cesarean, but the infant was not delivered until 46 minutes later. At delivery, a placental abruption of 20% was discovered. The infant, who was 5 years old at the time of the trial, is a quadriplegic.
In suing, the mother argued that the 46-minute delay in delivery was the physician’s fault. The obstetrician agreed that the delay was inexcusable, claiming that he did not recall why it occurred. The defense speculated, however, that the delay was due to a shortage of available anesthesia personnel.
The patient settled the case with the hospital for $6 million shortly before trial.
In the trial against the obstetrician, the woman argued that the doctor was negligent in delaying the cesarean. Further, the physician mistook her presenting abdominal pains for labor when, in fact, they were due to her placental abruption. She maintained that this misdiagnosis ultimately resulted in the child’s injuries.
- The jury awarded the plaintiff $90.9 million.