New York County (NY) Supreme Court
A 30-year-old woman who had abdominal pain and abnormal vaginal bleeding went to the hospital and was treated by a physician. The next year a Pap smear indicated a low-grade squamous intraepithelial lesion. Three years later, tests revealed the presence of a 3- to 4-cm mass on the cervix that was later diagnosed as stage IIIB cervical cancer. The mass advanced to the pelvic wall, precluding a hysterectomy and necessitating chemotherapy and radiation.
In suing, the woman claimed the physician was negligent for failing to perform a Pap smear, failing to treat the precancerous condition, and failing to diagnose the cancer.
The defense did not contest liability but asserted that the woman had been symptom-free and “cured.”
- The parties settled for $2 million.