Stage IV metastatic breast cancer is a devastating disease for which, tragically, there is no cure. As such, many people lose their lives to metastatic breast cancer each year. While stage IV breast cancer is not curable, it is treatable, and some people are able to live for several years after they are diagnosed. If they are robbed of the opportunity to undergo treatment due to medical negligence, though, their family members cannot recover wrongful death damages after their passing, as demonstrated in a recent Maryland opinion delivered in an oncology malpractice case. If you lost a loved one due to the incompetence of an oncologist, it is smart to meet with a knowledgeable Maryland medical malpractice attorney to evaluate your potential claims.
The Decedent’s Harm
It is reported that in 2006, the decedent was diagnosed with stage III cancer in her left breast. She underwent a mastectomy, radiation, and chemotherapy. For the next three years, her CT scans were normal. In April 2013, however, she underwent a CT scan that indicated new and possibly cancerous lesions that were not present in previous studies. The radiologist forwarded the report from the 2013 CT scan to the defendant, the decedent’s treating oncologist, who did not prescribe any follow-up tests or advise any of her providers.
Allegedly, in February 2016, the decedent was diagnosed with Stage IV cancer after she injured her shoulder. She died a year and a half later. The plaintiff, her husband, then instituted a wrongful death lawsuit against the defendant, arguing that if the decedent had been diagnosed in 2013, she would have lived an additional two and a half years. The trial court granted summary judgment in favor of the defendant, stating the plaintiff failed to present a viable wrongful death claim. The plaintiff appealed. Continue Reading