Facts

The plaintiff husband, a 50-year-old physician went to defendant hospital for a medical examination in August 2004. Following a routine screening chest x-ray, the defendant doctor read the films as abnormal. However, neither the defendant doctor nor any other staff at defendant hospital contacted the plaintiff about the abnormal results (isolated lesion of left lower lobe).

The plaintiff contended that the defendants' failure to notify the plaintiff of a suspicious mass visible on the x-ray prevented him from obtaining treatment at a time when his chances of recovery would have been greater than 50 percent. Instead, his care and treatment were delayed for approximately one year, resulting in Stage IV small cell lung cancer. The plaintiff claimed his life has been shortened by 40 percent and he has lost all earning capacity.

The plaintiff wife, a 49-year-old physician, alleged loss of consortium. The plaintiffs had been married for 18 years at the time of diagnosis and they had three children. The plaintiff wife anticipated having her husband's love, care and affection for many more years.

The defendants claimed that it was the plaintiff's responsibility to obtain the results of his chest x-ray because he was self-referred. The defendants also alleged that even if the plaintiff had been diagnosed after the initial chest x-ray in August 2004, it would not have been made a difference in his prognosis because the tumor had already likely metastasized by that time.

Settlement Discussions

The plaintiffs demanded $3,622,522; the defendants offered and accepted $2.3 million.

Damages

Loss of earnings capacity, reduced life expectancy and loss of consortium.