▪︎ $7 Million Verdict in Failure to Diagnose Breast Cancer Case
Florida radiology providers must implement policy changes and pay out nearly $7 million after missing a woman’s breast cancer on imaging, leading to an eventual terminal diagnosis.
Plaintiff was 59 years old at the time, and visited the Medical Center in Florida on Feb. 8, 2022, after discovering a palpable breast lump.
The radiologist, who worked for an independent medical imaging & interventional company interpreted the images, reporting the issue as benign. However, Plaintiff returned in October 2022 after the lump became bigger and more painful, and she was diagnosed with terminal breast cancer.
The patient and her attorneys later filed suit alleging medical malpractice and won the case on June 5, 2026, following eight days of trial.
“As I told my lawyers from the beginning, it was a priority for me to see accountability, but also to make sure other women know my story,” Plaintiff said in a statement. “If my story and the policy changes in this settlement help protect even one woman, I will know I did my part.”
Plaintiff underwent both a diagnostic mammogram and breast ultrasound at the Medical Center after the initial imaging visit. Plaintiff attorneys raised issue with the physician who purportedly never physically examined the lump, “negligently” reporting it as benign. The Medical Center later sent a letter to Plaintiff, indicating her breast imaging results were normal.
When she returned in fall 2022, Plaintiff was referred to a surgeon, who testified at trial that he “immediately recognized the seriousness of the situation” when he conducted a physical exam. The doctor discovered enlarged axillary lymph nodes and ordered additional breast imaging. When Plaintiff returned to the Medical Center, the same radiologist again interpreted the results, but this time noted the “high suspicion for malignancy,” according to attorneys. A biopsy later confirmed the diagnosis of stage 4 terminal cancer.
During the trial, attorneys argued that, if the radiologist spotted the disease in February, it would have helped Plaintiff avoid the grim prognosis. Experts testified during trial that the woman will likely die from the disease “as a result of the preventable eight-month delay in diagnosis.”
The Medical Center had reportedly sought to dismiss responsibility for the matter, since the radiologist was an independent contractor at the time. However, attorneys presented internal corporate messages from the Medical Center officials, showing jurors that the hospital was “in control of the doctors providing care” and that the radiologist was “an agent of …the Hospital.”
As part of the settlement, the Defendants have agreed to make policy changes to prevent this from happening again. The hospital will change its forms so that those presenting for a diagnostic mammogram will be given a clear notice they should still follow up with a doctor, even if the results are benign or normal. The radiology company, meanwhile, will mandate that when a patient presents with a palpable mass, the nurse will then ask if the patient wants to see the interpreting radiologist in person for an examination. If there is not a rad immediately present, the woman can then make a future appointment or seek a referral to a surgeon.
The medical center is responsible for $5 million of the verdict, while the radiology group must pay the other $2 million. As part of the settlement agreement, the radiologist is neither admitting to nor denying the allegations. The Florida Board of Medicine also is imposing a $6,500 fine against his medical license, which must be paid within 30 days. In addition, the doctor must complete five hours of continuing medical education on breast imaging interpretation within one year.
Sincerely,
Laurie R. Elston
Nursing Law Center
www.NursingLawCenter.com
Law Office of Laurie R. Elston Inc.
📞 T: (805) 481-1001
📧 Email: Elston@charter.net
