This case involved a medical malpractice action for a lost chance. The parties jointly sought direct discretionary review under Washington law, RAP 2.3(b)(4), challenging two pretrial rulings: (1) whether a court should use a “but for” or “substantial factor” standard of causation in loss of chance cases; and (2) whether…
Janice Rowland, 59, underwent a Pap smear that was interpreted as normal. Two and half years later, she developed post-menopausal bleeding and pelvic pain. She then underwent a cervical biopsy. The biopsy led to a diagnosis of metastatic cervical cancer, and she died several months later. Rowland was survived by…
Mr. Doe, age 48, was diagnosed with prostate cancer. He underwent laparoscopic bilateral lymph node dissection surgery by two HMO urologists. During this surgery, the obturator nerve was severed, which left Mr. Doe unable to control his right leg. He was unable to continue in his job as a grounds maintenance…
Leanna Loud was 39 years old when she underwent a digital mammogram. The radiologist and defendant, Dr. Jeffrey Short, an employee of Charleston Radiologists, read the mammogram as showing dystrophic calcifications in the right breast; this was not present on an earlier mammogram. Dr. Short characterized the calcifications as benign…
On Aug. 4, 2011, Jill Prusak filed a medical malpractice case within both the two-year statute of limitation and four-year statute of repose under Section 13-212(a). The lawsuit contained a two-count complaint against the defendants, University of Chicago Medical Center and other medical providers who have since been dismissed from…
Glenn Garofano, 63, underwent an ultrasound of his gallbladder, which revealed gallstones and a 4-cm mass on his liver. He then underwent a CT scan, which radiologist Dr. Clifford Barker reported as showing no evidence of a mass. Dr. Barker also suggested that Garofano consider an MRI. Thirteen months later,…
Benjamin Serico was 58 years old when he underwent a colonoscopy done by a colorectal surgeon, Dr. Robert Rothberg. Dr. Rothberg informed Serico that the test did not reveal any signs of colon cancer. Two years later, Serico was diagnosed with having metastatic colon cancer; despite a treatment plan, Serico…
Curtis Cole, 58, underwent a chest X-ray when he reported respiratory symptoms to his physician. A radiologist, Dr. Mike Mantinaos, interpreted the X-ray as showing no nodular abnormalities. About 3 years later however, Cole experienced pain, prompting him to request a chest and abdominal CT scan. The CT scan revealed…
John Ficke was 50 years old when he developed a growth on his chest. His treating dermatologist performed a shave biopsy and sent the specimen to Columbia University College of Physicians and Surgeons, where a dermatology pathologist, Dr. Asher Rabinowitz, interpreted the growth as noncancerous. However, one year later, Ficke…
Darian Wisekal had a pap smear in August 2008. The slide was sent to Laboratory Corporation of America Holdings (LabCorp). A LabCorp technologist errantly interpreted the slide as “negative for intraepithelial lesion and malignancy.” A squamous intraepithelial lesion (SIL) is an abnormal growth of cells on the surface of the…