Articles Tagged with cancer misdiagnosis

The Post-Gazette reported recently on serious allegations of malpractice against a pathologist for misreading Pap smear slides and missing the presence of cancer in a patient. According to the story, a young woman was shocked when she was diagnosed with cervical cancer shortly after giving birth to her son. She had diligently received annual testing in the past which, she assumed, would have identified the cancer earlier. A lawsuit eventually filed in the case claims that for five years the pathologist in charge of decisions about the test reading told the women that everything was fine. The doctor did not identify the presence of any abnormal cells or order more testing to clarify ambiguity.

The woman in the case had several other pathologists review the slides. They found that the tests showed a clear progression of cells from “pre-cancerous” to invasive carcinoma. In fact, the very doctor named in the lawsuit admitted upon further review of the slides afterward that those test should have raised red flags. There is also some confusion about whether the defendant-doctor did in fact indicate suspicious signs which were ignored by obstetricians and gynecologists.

Of course all of this raises the question of whether other woman may have similarly had slides read incorrectly. That fear has led the hospital, along with various private groups, to investigate the entire work performed by the doctor and his lab in the facility. Five hundred sample slides were pulled and are being examined by other pathologists to see if other misreadings can be identified. If so, then all those who relied on negative test results from the lab might need to be reevaluated to ensure they do not have undiagnosed cancer.

A Connecticut jury has awarded more than $1.3 million in a medical malpractice case. In the case, the plaintiff sued her oncologists alleging that they treated her for years for the wrong form of cancer, which led to the removal of part of her intestines and colon.

What makes the case especially unusual is that the case included a claim for damages on behalf of the woman’s longtime partner who had joined the woman in a civil union . In the litigation, a judge threw out the partner’s claims, holding that while the woman had been partners for more than 20 years they were not legally joined at the time of the alleged negligence.

If such a case is brought in Maryland, it will be interesting to see what the result is. Maryland’s wrongful death statute, section 3-904 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland, a copy of which is below, allows claims for by a parent, spouse or child of the deceased person. The claim is for emotional distress and financial loss due to the death of family member. These are the most common type of wrongful death claim, as there is frequently a parent, spouse or child of the deceased alive to pursue such a case. The term “spouse” is not defined in the section where the statute is contained, so one certainly could argue that a person who participates in a lawful civil union ceremony is a “spouse” for purposes of the wrongful death act. If that argument doesn’t work, the Maryland wrongful death act includes a provision to allow for economic losses by certain people if there is no parent, spouse or child of the deceased. Those claims are for people related to the deceased by blood or marriage. Again, it can be argued that “marriage” is not defined, so that could cover a person who participates in a lawful civil union ceremony. It’s only a matter of time before this is tested.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled many wrongful death cases on behalf of parents, spouses and children of the deceased.

We handle cases like these all of the time in my practice.

 

Contact Andrew G. Slutkin with further questions or inquiries at 410-385-2786

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