Medical Malpractice and Wrongful Death – Delay in performing a lung biopsy

$2.5 Million Settlement

Back To All Results

Our client was a 48-year-old married man with three young children who worked as a Building Supply Manager at a business in Suffolk County. He underwent an x-ray which revealed a suspicious lesion in his lung. A follow-up CAT Scan identified the lesion in more detail, but his treating doctors recommended follow-up studies instead of a biopsy. After following this lesion for several years, doctors ordered a PET scan. While the PET scan was interpreted as negative, it did not rule out the lung lesion as being cancerous. Nonetheless, his doctors failed to order additional testing, including a biopsy or VATS (video assisted thoracic surgery) procedure, in order to rule out cancer. Our experts believed that those additional studies were indicated and failing to perform them constituted malpractice. As a result of the failure to order these studies, which would have revealed the cancer, the cancer grew and metastasized to the brain, leading to his death.