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Radiology Center Violated Their Own Protocol Leading to Delay in Diagnosis of Breast Cancer


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3/28/2014
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She felt a lump.
A lump in her breast.

Her doctor sent her for a sonogram.
Her doctor wanted a mammogram.

She went to a radiology center.
For a breast sonogram.
For a mammogram.

She was young.
A young woman.
With a lump in her breast.
Here for a sonogram.

The sonogram was normal.
The patient was reassured by sono technician.
Patient was told to return to her doctor.

Nurse practitioner told patient sono was normal.
Doctor left the practice.
Nobody ever followed up with patient.

During lawsuit, radiology supervisor said all was good.
Sono was normal.
Technician did everything right.
Technician denied telling patient results of sono.

But...patient still had obvious lump.
What do you do next?

If patient is young...
And if patient has palpable breast lump,
And if sono is normal,
Then, radiologist comes in to examine patient.

ALWAYS.
THAT’S THE PROTOCOL.
THAT’S OUR PROCEDURE.

Why?

To double check.
To make sure.
To rule out possibility patient’s lump is cancerous.

Here’s why radiology center screwed up.
Here’s why radiology center offered to settle.
Here’s why radiology center violated standard of care.

This patient was sent home after sonogram.
This patient NEVER was seen by a radiologist.

Radiology supervisor said doctor did come in.
Said radiologist did examine patient.
Said she must have come in to see her.

Sono technician also said doctor came in.
Sono tech said patient was examined.
Sono tech had no memory of doctor coming in.

Here’s where they lied...

Doctor never came in.
Doctor never saw patient.
Doctor never examined patient’s breast.

If doctor had come in, a note would have been written.
If doctor had come in, patient would have known.
If doctor examined patient, they would have talked.

There were no doctor’s notes in chart.
There was no conversation with any radiologist.
There was no examination by a radiologist.

Their violation of their own protocol devastated my client.
It led to a significant delay in diagnosis.
It led to a diagnosis of Stage IIIB breast cancer.

Had they done what they should have, it would have been Stage I.



Category: Misdiagnosis and Failure to Diagnose

Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer

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