Kreindler Settles Medical Malpractice Case for Incorrect Diagnosis

In the spring of 2005, the plaintiff developed an unremitting cough and a CT scan revealed a mass in her right lung. After a biopsy was performed, the defendant pathologist diagnosed non-small cell lung cancer when the cells were actually primary breast cancer which had metastasized to the lung.

The incorrect diagnosis was made despite the fact that the plaintiff had been treated for breast cancer at N.Y.U. for 20 years, she had never smoked and had no history of exposure to asbestos. All of the plaintiff's breast-cancer treatments and pathology records were at N.Y.U. Medical Center and were available for review. Also, the cells taken from the patient's lung were histologically similar to the cells tested during two previous past breast-cancer surgeries.

As a result of the incorrect pathology report, the plaintiff was treated for lung cancer for several months when she should have been treated for metastatic breast cancer. The delay in proper treatment did not affect her prognosis, but it did greatly impact the quality of her life.

The case settled during discovery.