$887,000 by Arbitration for Wrongful Death, Late Diagnosis of Breast Cancer Patient

Ms. Doe, 47, had a family history of breast cancer. When she discovered a mass in her right breast, she consulted with Dr. Roe, a family practice physician. The doctor aspirated the mass with an 18-gauge needle but did not send the aspiration collection to cytology for analysis.

Cytology is the examination of cells from a patient’s body under a microscope to determine the presence of disease or illness. Instead, Dr. Roe referred Ms. Doe for a mammogram and ultrasound, which reported the presence of a hematoma.

Ms. Doe’s mass continued to grow. Dr. Roe allegedly attributed this to an enlarging hematoma during Ms. Doe’s multiple later visits.

Several months later, Ms. Doe consulted a surgeon. A biopsy revealed a highly aggressive triple negative breast cancer. Ms. Doe’s cancer metastasized and, despite treatment, she died of her disease within a year. Ms. Doe was a homemaker survived by her husband and two minor children.

Ms. Doe’s family claimed that Dr. Roe chose not to submit the aspirated material to cytology for analysis, which would have likely led to a timely diagnosis when her cancer was just then Stage II and much more treatable.

Dr. Roe maintained that the aspiration was for therapeutic, not diagnostic, purposes and that Ms. Doe would have had a poor prognosis even with an earlier diagnosis.

This matter was presented to an arbitrator who awarded more than $816,900. The case later settled for approximately $887,800.

The attorney expertly handling this difficult case was Daniel M. Hodes.

The Doe estate and Mr. Hodes retained experts in breast surgery, breast oncology and mammography.

Dr. Roe engaged experts in family medicine, breast oncology and mammography.

Doe v. Roe, Arbitration Award (Confidential), Feb. 8, 2019.

Kreisman Law Offices has been handling misdiagnosis of breast cancer cases, medical negligence lawsuits, birth trauma injury lawsuits, wrongful death cases and traumatic brain injury lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Naperville, New Lenox, Bolingbrook, Romeoville, Elk Grove Village, Country Club Hills, Lynwood, Merrionette Park, Norridge, Northlake, North Riverside, Olympia Fields, Franklin Park, Westchester, Prospect Heights, Palos Heights, Glenwood, Bartlett, Bedford Park, Chicago (Sheffield, South Chicago, South Shore, West Loop, Loyola Park, Lincoln Square, Lithuanian Plaza, Little Italy, Lower West Side, Morgan Park, Lakeview, Lakewood Balmoral, Marquette Park), Blue Island, Calumet City and South Holland, Ill.