Professional Negligence Law Reporter

Cheryl Pschirer, 66, had a history of cigarette smoking. When she experienced a rapid heartbeat, she went to a hospital ER, where an X-ray initially was read as normal. A radiologist subsequently reviewed the film, however, and identified a suspicious mass. This was not relayed to Pschirer, who was discharged with instructions to see her primary care physician (PCP) within a few days. The radiology report was sent to the PCP.

Pschirer did not follow up within this period but saw the PCP three months later for a wrist issue. The PCP did not mention the radiology findings. Approximately four months later, Pschirer was diagnosed as having Stage IV lung cancer. She died of the disease and is survived by her three adult children.

Pschirer’s estate sued the PCP, alleging she negligently failed to follow up on the radiology report, which recommended an additional X-ray.

The jury awarded $750,000.

Citation: Pschirer v. St. Clair Mem’l Hosp., No. GD-20-002710 (Pa. Ct. Com. Pl. Allegheny Cnty. Oct. 2, 2024).

Plaintiff counsel: AAJ members Rudolph L. Massa and Devyn Lisi, both of Pittsburgh.

Plaintiff experts: Evan Cohen, emergency medicine, Camden, N.J.; and Krzyszlof Mislukiewicz, oncology, New York City.