Brockton (Mass) Superior Court
When a 62-year-old woman complained of a slight swelling in her armpit, her physician allegedly told her that thyroid blood tests and blood pressure checks he had performed at a previous visit were sufficient to rule out cancer. He also noted that her annual mammograms were negative.
Eighteen months later, the woman alleged, she presented with a walnut-sized lump in her armpit, but the doctor did not detect a mass. In another 6 months, the physician detected a mass and diagnosed terminal stage IV breast cancer.
In court, the woman claimed the physician gave her a false sense of security when he said blood work would be enough to detect breast cancer. Further, she contended that his follow-up procedures and delayed diagnosis did not fall within the standard of care.
The doctor maintained the woman did not complain of armpit swelling or pain until just before he diagnosed her with breast cancer.
- The jury returned a defense verdict.