Bronx County (NY) Supreme Court
A 47-year-old woman presented to her gynecologist for an annual examination and Pap test. She claimed, however, that she never received the results.
She returned to the doctor 3 months later complaining of increased bleeding and dizziness. No tests were administered at that time.
Six months later, she returned for another Pap test. The results were positive for stage IB cervical cancer with vascular invasion. The patient underwent a radical abdominal hysterectomy, including bilateral salpingo-oophorectomy, as well as radiation and chemotherapy. She has since been diagnosed with lung cancer.
In suing, the patient claimed that the delayed diagnosis caused her condition to worsen and made the procedures necessary.
According to the physician, however, the patient was informed that her first Pap test was slightly abnormal. The doctor further claimed that the woman failed to follow up on the results, missing a subsequently scheduled appointment.
- Prior to jury selection, the parties settled for $1.75 million.