Failure to Diagnose

Our client, a 42-year old husband and father was taken to an Orlando emergency room following an auto accident where numerous x-rays were done to evaluate his injuries including an x-ray of his shoulder. Both the emergency room doctor and hospital radiologist interpreted the study as normal and failed to recognize an obvious abnormality in the humerus. He was discharged from the emergency room and told he had no serious injuries. Approximately one year later he suddenly developed severe pain in his arm and was diagnosed with osteosarcoma which had essentially eaten through the bone and caused a pathological fracture. It was discovered that this cancer, at a much earlier stage, was reflected on the prior emergency room shoulder x-ray. Unfortunately, after very aggressive and invasive cancer treatment at MD Anderson in Texas, our client succumbed to the disease. The specialist at MD Anderson confirmed that had the cancer been timely diagnosed and treated a year earlier, that our client’s chance of cure would have been greater than 50%. He was survived by his wife and two young daughters.

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