On October 17, 2017, a Baltimore medical malpractice jury awarded a total of $465,000 to the estate of an 87-year-old man and his wife of 65 years for the failure to diagnose his kidney cancer for two years. After the man’s kidney cancer was finally diagnosed in 2015, he lived for only six weeks.
The Baltimore medical malpractice jury awarded the man’s estate $100,000 for his conscious pain and suffering, $26,000 for funeral expenses and $339,000 to his wife for her loss of consortium claim. The jury did not award any amount for the noneconomic damages of the plaintiffs’ three adult children.
The man’s odyssey began in October 2012, when he experienced night sweats and unexplained weight loss. A CT scan of his chest, abdomen, and pelvis revealed no abnormalities at that time.
The man continued to lose weight and he went for a second CT scan in September 2013 that was interpreted as showing no tumors. Nonetheless, he continued to lose weight and he began having problems with his knee. In preparation for knee replacement surgery, the man’s primary care physician ordered another CT scan in August 2015 that showed an almost two-inch tumor on the man’s kidney and also showed that the cancer had spread to his back and lungs.
After the man’s kidney cancer was finally diagnosed, a review of the September 2013 CT scan revealed that the tumor was visible and was one-half as large. At that time the man’s kidney cancer had not spread beyond his kidney. The family’s Baltimore medical malpractice wrongful death lawsuit alleged that had the man’s kidney cancer been diagnosed in September 2013, before the cancer had spread outside of the affected kidney, timely and proper treatment to remove his kidney would have cured his cancer and he would not have died two years later from the kidney cancer that subsequently metastasized to his back and lungs.
The family’s Baltimore medical malpractice lawyers must be given much credit for representing the family in this matter because not many medical malpractice lawyers would be willing to represent an 87-year-old medical malpractice victim due to the life expectancy of such an individual that may limit the damages that are recoverable. Nonetheless, the family’s Baltimore medical malpractice lawyers recognized the serious noneconomic damages sustained by the husband and wife, which the Baltimore medical malpractice jury also recognized by reportedly intentionally awarding damages in a dollar amount that ended in $65, which acknowledged and paid tribute to the husband and wife’s 65-year-marriage.
Despite the husband’s preexisting hypertension, diabetes, and kidney disease, the Baltimore medical malpractice jury recognized the serious harm caused to the husband and wife due to the negligently misread CT scan in September 2013. The family’s Baltimore medical malpractice lawyer stated after the jury’s verdict, “Had his kidney been removed then [in September 2013] that would have been a cure. The family felt that this was something that should have been reported. The CT scan was misread and any opportunity that [the husband] may have had to continue a normal life was taken away from him.” With regard to the close and special relationship between the husband and wife, the lawyer stated, “He would do everything for her. He would cook for her, he would clean, he would take her out.” The widow is three years older than her deceased husband.
Source Ragan v. Advanced Radiology LLC, Circuit Court for Baltimore County, Case No. 03C16004676.
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