Failure to Diagnose Thyroid Cancer
Doe Plaintiff v. Roe Medical Providers
The plaintiff visited her personal physician, who worked for a medical clinic, with signs and symptoms that were consistent with thyroid cancer. Before the doctor could work up the patient's case or advise the plaintiff of a potential diagnosis, the clinic terminated the plaintiff as a patient of the group.
Notably, the clinic's office manager had determined that there was an outstanding bill and, without first consulting with either the plaintiff or the physician, summarily notified the plaintiff that she had been terminated as a patient. After protesting the action, the plaintiff was lost to follow up. Ultimately, a biopsy was performed but misread. As a result, the cancer spread outside of the thyroid and was incurable.
Haas and his co-counsel, Cliff Weingus, argued that because the office manager was not a licensed health care provider, and her conduct had caused the injury, the $250,000 limit on non-economic damages set forth in the Medical Injury Compensation Refore Act (MICRA) did not apply. The case was settled before trial for $1.3 million.
Resolution: $1.3 Million