Medical malpractice attorney John Perconti of Levin & Perconti secured a $14 million jury verdict on behalf of a woman whose lung cancer went undiagnosed for two years after physicians failed to act on abnormal chest x-rays taken during a hospital stay. At the time, it was the largest failure-to-diagnose cancer verdict in Illinois history.
What Is a Failure to Diagnose Cancer Case?
A failure to diagnose cancer is a form of medical malpractice that occurs when a physician or healthcare provider does not identify cancer, or does not follow up on findings that indicate cancer may be present, within a reasonable time, and that delay causes the patient’s condition to worsen. In these cases, the central question is whether an earlier diagnosis would have meaningfully changed the patient’s prognosis or treatment options.
What Happened in This Case
Our client, a 46-year-old woman, was admitted to a major Chicago hospital for lumbar spine surgery. Before her procedure, she underwent chest x-rays as part of routine pre-operative care. The radiologist who interpreted those films identified an abnormality: an ill-defined density in her left lower lung. This radiologist recommended follow-up imaging. Two additional chest x-rays taken during our client’s hospitalization returned the same finding, with the same recommendation.
She was discharged without being told. No physician ordered follow-up studies or informed her of the abnormalities.
Two years later, after experiencing a persistent cough and coughing up blood, she was diagnosed with a left lung tumor measuring 10 centimeters by 7 centimeters. The cancer had metastasized to her brain. She underwent tumor resection, radiation therapy, and stereotactic radiosurgery, and faced the prospect of further surgery with potential permanent neurological consequences.
Medical experts testified that had the lung abnormality been acted on when it was first identified, she would have had a 60 to 65 percent chance of survival at five years. That chance was substantially reduced by the two-year delay. Our client died of a premature death several years later.
How Multiple Physicians Each Denied Responsibility
What made this case particularly significant was the pattern of accountability failures across an entire care team, with each defendant pointing blame at another.
Our client’s primary care physician, who had cleared her for surgery and examined her during her hospital stay, argued that the standard of care did not require him to review her chest x-ray results, that his post-operative visit was informal. He expected to be separately notified of any abnormalities.
The orthopedic resident who performed her admissions history and physical, assisted in surgery, rounded on her daily, and participated in her discharge argued that because another physician was aware of the abnormalities, he bore no individual responsibility to follow up, inform the patient, or document the findings. The hospital adopted the same position.
Critically, all defendants agreed, when directly asked, that the standard of care required follow-up on abnormal chest x-rays. None of them had acted on that standard. And each held that the responsibility belonged to someone else.
Every physician involved agreed that the standard of care required follow-up on those x-rays. But when everyone assumes someone else will communicate a critical finding, no one does. That breakdown cost our client her chance at a very different outcome.
The Jury's Verdict
Founder and senior partner at Levin & Perconti, John Perconti, took the case to trial, and the jury returned a $14 million verdict; a record result for a failure-to-diagnose cancer case in Illinois at the time. The verdict was covered by the Chicago Law Bulletin.
Were You Involved in Medical Malpractice?
If you or a family member were harmed by a delayed or missed diagnosis, our medical malpractice attorneys are here to help. Learn more about our medical malpractice practice.
