Facts

On Feb. 12, 2019, decedent, a 62-year-old salesman, presented to his general doctor because he was feeling short of breath. The doctor ordered a chest x-ray which was performed that same day. The doctor found an abnormality on the chest x-ray and did not inform the client of this abnormality. He allegedly wrote a referral slip for the decedent to undergo a CT scan of his chest. This referral slip was not provided to the decedent, and the doctor did not inform the decedent that he needed to undergo a CT scan or that there was any urgency for follow up care.

The decedent returned to the doctor in September 2019 and was informed at that time that he needed to undergo a CT Scan, which was done on Oct. 4, 2019. The doctor did not go over the results with the decedent until Jan. 16, 2020, when he was informed that he had Stage IV lung cancer.

The decedent passed away on Jan. 17, 2022.

Wrongful Death and Survival actions were brought on behalf of decedent's wife and children.

PLAINTIFF CONTENTIONS: Plaintiffs claimed that the doctor should have informed the decedent that he needed a CT scan and handed him the referral slip. Also, the doctor's follow-up procedures were inadequate and that the doctor's office should have followed up with the decedent shortly after his Feb. 12, 2019 appointment to remind the decedent to get the CT scan and/or scheduled it for him. Plaintiffs also contended that the decedent's cancer went from Stage I in February 2019 to Stage IV in October 2019.

DEFENDANT CONTENTIONS: Defendants contended that the doctor did inform the decedent about the CT Scan referral and handed him the referral slip. Defendants also contended that the standard of care did not require that defendants make the CT Scan appointment for the decedent or that the CT scan be ordered on a STAT basis and that their follow up procedures were inadequate.

Damages

Plaintiffs contended that the lost wages for the survival claim totaled $150,000, and the future lost wages for the wife's wrongful death claim totaled $250,000.

Result

The case settled for $1 million.

Other Information

Defendants filed a Motion for Summary Judgment on the issues of standard of care and causation. Plaintiffs ultimately prevailed on each issue.