Kreindler Settles Medical Malpractice Case for Incorrect Diagnosis
- Kreindler partner Noah Kushlefsky settled a medical malpractice case during discovery.
- The plaintiff was treated for lung cancer rather than for metastatic breast cancer greatly impacting her quality of life.
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.
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.
case settled during discovery.