Medical Malpractice (Wrongful Death, Cancer)
Settlement (during trial): $1,400,000.00

Plaintiff was a 34 year old registered nurse, working in defendant hospital's emergency room. During off-hours, he asked to have a chest x-ray due to chest pain following a snow-boarding accident. There were no traumatic injuries found, but a 2 centimeter lesion in his lung was present, consistent with malignancy. The emergency room doctor failed to see the lesion. The radiologist, when doing the official reading, saw the abnormality and noted it in his report. He also stated in his report that the finding was communicated to the "emergency department" by telephone. No one saw the report, and the emergency room personnel denied getting the call from the radiologist. Ten months went by, and the plaintiff then developed a cough. Another chest x-ray was done, which revealed a 4 centimeter mass. Further work-up found lung cancer that by this time had spread to his liver, bones, and brain. At the time of trial, he had less than 6 months to live. (Plaintiff had never been a smoker, but had a brother who died in his 30's of lung cancer.)