Patient Sues Doctor and University for Negligent Treatment
October 12, 2019
If it is caught early, breast cancer is one of the more treatable types of cancer. With the right treatment and follow-up care, the long-term prognosis for breast cancer patients is often positive. However, if a health care provider fails to recommend a treatment option that can prevent the cancer from spreading, this will allow the disease to metastasize to other parts of the body. When this happens, it can become difficult, if not impossible, to treat. According to a 36-year-old Baltimore patient who was initially diagnosed with ductal carcinoma in situ (DCIS), her cancer was able to spread to her organs, blood, and bones because of her doctor’s negligent treatment.
The patient initially met with a doctor after she found a lump in her breast, who diagnosed her with DCIS, which is treated with surgery. While the doctor recommended removing her right breast, the patient decided to have a double mastectomy. According to the patient’s lawyer, in the pre-operative tests, the doctor found that cancer cells may have spread and that there was, in fact, a small tumor outside the duct wall. After discovering this, the doctor failed to explain to the patient that her cancer had progressed from Stage 0 to Stage 1A. Finally, he did not explain that there was a medication option available that could have prevented the disease from spreading, particularly in such an early stage of the disease.
Patient’s Condition Progressed to Terminal
Approximately 20 months after the initial diagnosis, the patient started experiencing back pain. She went to urgent care, but the health care practitioner there told her to go to the emergency room after her blood work came back abnormal. After further tests, she was diagnosed with late-stage, terminal breast cancer. The patient claimed that if she had been told about the tumor and the medication that was available, it is likely that she could have prevented the disease from spreading.
The lawyer representing the doctor said that the he followed the standard of care. The amount of cancer detected was small and contained, and did not change the course of care. In addition, there was no evidence of cancer in the patient’s blood or sentinel lymph nodes, which is where breast cancer spreads first. The patient was allegedly notified about the small tumor, and was told to take Tamoxifen, but the patient took it briefly prior to surgery, and did not like how it made her feel.
Unfortunately, the patient lost her battle with cancer about halfway through the civil trial in Baltimore County Circuit Court. It is not yet clear how her death will impact the $24 million in damages that she was seeking.
Baltimore Medical Malpractice Lawyers at LeViness, Tolzman & Hamilton Advocate for Victims of Medical Negligence
If your health was compromised while under the care of a medical professional, you are urged to contact the Baltimore medical malpractice lawyers at LeViness, Tolzman & Hamilton at your earliest convenience. Our skilled legal team is committed to protecting your rights and securing the maximum financial compensation you deserve. We will not stop fighting for you until justice has been served. To schedule a free, confidential consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent medical malpractice victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.
