A Massachusetts medical malpractice jury recently returned its verdict in the amount of $4.2 million against the defendant primary care physician, finding that the defendant had breached the standard of care in mistreating a then 49-year-old man who had blood in his urine during an initial examination for hypertension in June 2009. Instead of advising the man regarding the presence of blood in his urine and recommending further evaluation to determine the cause of the hematuria, the defendant primary care physician waited one month to retest the man’s urine, at which time there was no blood in his urine sample.
In May 2011, the man had a routine physical examination during which a urinalysis found blood in his urine. His doctor at the time (not the defendant primary care physician) referred the man to a specialist, who arranged for imaging of the man’s kidneys. In July 2011, the imaging found that he had kidney cancer. Unfortunately, by the time the man’s kidney cancer was finally diagnosed, it had grown substantially and had spread beyond his kidneys. The man died on December 31, 2014 at the age of 54, from kidney cancer.
The family’s Massachusetts medical malpractice wrongful death lawsuit alleged that the man’s kidney cancer should have been diagnosed after the 2009 urinalysis showed blood in his urine. The defense provided medical expert testimony during trial that the defendant primary care physician had complied with the applicable standard of care in treating the man.
The Massachusetts medical malpractice wrongful death jury determined that the defendant had breached the standard of care and that his breach caused the man’s injury and death. The jury awarded $1.2 million to the man’s estate for his pain and suffering, and an additional $1.5 million each to both of his children for their noneconomic losses.
The man’s daughter stated after the Massachusetts jury found in their favor, “Watching my dad with my daughter – it was priceless. Watching him teach her the things he taught me when I was a child. It’s stuff like that that you miss. And the things that I know he is going to miss going forward – I think that’s the hardest part.”
The defendant doctor stated after the jury found against him, “I am saddened by this outcome. I offer condolences to the family for their loss. My practice continues to take care of thousands of patients in the Greater Lowell [Massachusetts] area for over 23 years and we are committed to providing the best of health care to all our patients at all times.”
If you or a family member suffered serious injury (or worse) due to the misdiagnosis of cancer in Massachusetts or in another U.S. state, you should promptly find a Massachusetts medical malpractice lawyer, or a medical malpractice lawyer in your U.S. state, who may investigate your cancer misdiagnosis claim for you and represent you or your family member in a cancer medical malpractice case, if appropriate.
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