Professional Negligence Law Reporter

Doe, 56, went to her primary care physician, complaining of fatigue and shortness of breath. A chest X-ray allegedly revealed a lung opacity that was concerning for an underlying mass. The physician allegedly instructed Doe to go a hospital ER, where a chest CT scan revealed a suspicious nodule in the left lung. Approximately one month later, Doe underwent a CT-guided percutaneous biopsy performed by an interventional radiologist. The pathology report confirmed lung cancer, and this was transmitted to the interventional radiologist and the primary care physician, who both allegedly opened and viewed the pathology results.

Approximately 19 months later, Doe developed back pain and bloody sputum. Further testing revealed Stage IV metastatic lung cancer, which necessitated chemotherapy, radiation, and immunotherapy. Doe has an approximately 6% chance of survival.

Doe sued the primary care physician and a hospital system, alleging liability for the physician and interventional radiologist’s failure to timely contact her regarding the pathology report. Had she received an earlier diagnosis, the plaintiff claimed, she could have undergone a surgical resection and would have had a 77% chance of survival.

Suit did not claim lost income.

The defendants settled for $1.9 million.

Citation: Doe v. Roe Hosp., Confidential Dkt. No. (Okla. Confidential Ct. 2024).

Plaintiff counsel: AAJ members Dustin A. Bradley and Eric S. Loggin, both of Tulsa, Okla.