Family of Deceased Breast Cancer Victim Receives Malpractice Settlement
A jury in Virginia has awarded what is believed to be the state’s largest medical malpractice recovery, $7.5 million, to the surviving family of Eleanor Browder who died as a result of a misdiagnosis of breast cancer in the form of a delayed diagnosis.
In March 2003 Browder went to see Dr. Donna Gamache after she found a notable lump in her right breast. Nurse Practitioner Mary Nichols ordered a mammogram which came back with negative results.
The results of the mammogram were delivered to Dr. Gamache, at which point she examined them and wrote “Need chart” at the top. Neither the nurse nor the doctor ever retrieved said chart, nor were any further tests ordered as a follow up to the mammogram to determine exactly what was causing Mrs. Browder’s lump.
By the time Browder returned to Dr. Gamache in October, the lump in her right breast had grown to the size of a lemon. It was then that an ultrasound and a biopsy were ordered and the cancer was finally diagnosed. But by then it was too late. The cancer was at a stage IV, and incurable. Sadly, Mrs. Browder passed away last April, before her complaint made it to trial. Her husband and two adult children continued the case following her death.
The medical attorney for the Browder family argued that had the cancer been properly diagnosed seven months earlier, when the original mammogram was performed, Browder’s survival rate would have been greatly increased.
The jury allocated $212,000 of the award to medical expenses, $785,000 for economic loss and $6.5 million to Mrs. Browder’s widower, Paul, for “solace”. Unfortunately, the damages will be reduced to $1.65 million, the state-mandated medical malpractice cap.
A delayed diagnosis of cancer can mean the difference between a full recovery and certain death. If you or a loved one has suffered further losses due to a missed or delayed cancer diagnosis, or you have lost a family member as a result of this type of medical negligence, please don’t hesitate to discuss your situation with an experienced medical lawyer.
Source: Fredericksburg.com