$1 Million

Settlement for Medical Malpractice: Failure to Diagnose Cancer

The Case: A 28-year-old female patient went to her Primary Care Physician (PCP) because she was concerned about an unusual mole on her left calf. The PCP performed a biopsy and submitted it to a pathologist for analysis. The pathologist determined that the mole was atypical in its architecture and cellular structure and recommended re-excision of the entire mole. Unfortunately, the PCP did not counsel the patient regarding any abnormalities, perform the re-excision, or refer her to a specialist for further treatment. In fact, the PCP told patient the mole was benign, and not to worry about it. One year later, the patient grew concerned as she observed more changes to the mole. She returned to the PCP, who performed a second biopsy that revealed the mole had progressed into a Stage III malignant melanoma, giving her a 50% (or 5-year) survival rate. The patient had to undergo numerous surgeries and severe treatments.

The Outcome: The PCP's insurance company tendered all of the available policy limits in response to a pre-suit demand by the attorneys at Yarborough Applegate.