$7 Million Awarded in Misdiagnosis Case

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download (43)Leanna Loud, 47, a nurse, wife and mother of three was awarded $7 million verdict by a jury after a doctor misdiagnosed her condition as being benign.

Loud’s doctor failed to adhere to a “degree of care and skill ordinarily exercised by medical care providers.” Because of the misdiagnosis, Loud’s cancer was allowed to advance until reaching a terminal state. Loud, who serves as a nurse at Medical University Hospital and is a member of the Air Force Reserve, continues to do so in spite of her current condition.

The malpractice lawsuit named Dr. Jeffrey Short and Charleston Radiologists as defendants in the case where Loud underwent mammography screenings in 2003 at age 35 and again in 2008 at age 39. The American Cancer society has recently recommended that women begin early mammograms at age 45.

The mammogram in 2008 indicated new calcifications that had not been evident five years earlier. Dr. Short rated the screenings as being benign with no additional studies conducted as a follow-up. Two years later, Loud was diagnosed with Stage III Invasive Duct Carcinoma. Bone metastasis was indicated by 2013 in her sternum, spine and hips. Loud was left with few options for treatment.

The court document stated: “Due to the delayed diagnosis of Mrs. Loud’s breast cancer and despite aggressive therapy and treatment, Mrs. Loud’s breast cancer was allowed to progress and she has been left with a probable terminal diagnosis.”

Experts testified that had Loud received additional testing and her cancer been diagnosed earlier, her chances of survival likely would have been between 85 and 100 percent.

The jury in the case heard testimony for five days from expert witnesses over a trial that lasted a total of seven days. The expert witnesses concluded that further testing should have been done before her physician made the decision on Loud’s condition. The jury deliberated for a period of three hours before returning a verdict in Loud’s favor.

Whether the mistake that a medical professional makes is intentional or not, patients should come to expect a certain level of medical care and accountability. When a doctor deceives a patient, trust has been broken and everyone suffers. This is an especially tragic situation because in Mrs. Loud’s case, she would most likely have survived her cancer if it had been caught sooner. When something like this happens, that’s the time when you need to have a medical malpractice attorney on your side that specializes in this very technical area of the law.

At Bottar Leone, PLLC, our attorneys specialize in medical malpractice law and have years of experience and expertise in representing patients and their loved ones. If you or someone you love has suffered as the result of medical malpractice or negligence, contact our offices today. You may be entitled to compensation for your medical bills, ongoing therapy and pain and suffering as well.

Call today to speak with us concerning your legal situation. We are here to answer your questions and concerns about your case. You may contact us at our toll free number (888) 979-1689, or at (315) 313-6809, or reach us by email at info@bottarlaw.com.