An Indiana jury has returned a $8.1 million medical malpractice verdict in favor of a 33 year old mother of two, whose cancer was not timely diagnosed and treated. Apparently, the woman had a growth removed from her bit toe in 2004 by a local podiatrist, who did not test the growth at the time. When the growth resurfaced two years later, it was tested and the test revealed malignant melanoma. The woman claimed in her malpractice lawsuit that the doctor should have tested the tissue from the excised growth. Now in stage three of the cancer, she has just a 17 percent chance of living another 12 years, according to statistics
Interestingly, the doctor’s medical practice apparently failed to participate in the state program that caps malpractice damages at $1.25 million for all care providers involved in a case. Nevertheless, the doctor will be shielded by Indiana’s $250,000 damages cap on all damages against individual doctors under the law. The woman’s lawyers will have to pursue attempting to recover the verdict from the doctor’s medical practice. A copy of the article regarding the case can be found here.
This case involves several important issues. First, is the failure to test the removed tissue. Whenever abnormal tissue is removed from the body, through a biopsy or by excision, it must be tested to determine whether it is cancerous.