In Patient v. Internist (Nor. Cal Sup. Ct.) Richard Schoenberger and Joseph Nicholson reached a multimillion dollar confidential settlement arising from a delayed diagnosis of cancer. The plaintiff initially presented with complaints of knee pain. An ultrasound revealed a mass which was also visualized on MRI. Although the reviewing radiologist opined that the mass was most likely malignant, the treating oncologist concluded the mass was likely a hematoma and chose not to perform a biopsy. One year later, the mass was finally confirmed to have been cancer all along. By that point, the patient had experienced metastasis to the lungs, dramatically reducing his likelihood of survival. The radiologist who performed the original diagnostic MRI testified in deposition that she had a “zero percent” index of suspicion that the mass was a hematoma back when her interpretation of the MRI as most likely malignant could have, and should have, saved the patient’s life. The case settled following multiple sessions of private mediation.
