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$1.5 Million Settlement - Breast Cancer Misdiagnosis

In this medical malpractice case, the evidence of malpractice we developed was so overwhelming that the defendants felt they had no choice but to settle the case even without the necessity of our having to file suit against the defendants. In September 2007, our client underwent biopsies of both breasts at Queens Hospital Center, which is operated by the City of New York's Health and Hospitals Corporation. She was told that she had cancer in both breasts, and underwent a bilateral mastectomy (both breasts were surgically removed). Subsequently, it was determined that the hospital pathologist had mixed up the slides of the tissues taken from the left and right breasts during the biopsies. While our client did have cancer in the left breast, she never had cancer in the right breast; surgical removal of the right breast had been unnecessary. After obtaining our client's medical records, Tom Valet, who is Chair of the Medical Malpractice Committee for the New York City Bar Association, approached the head attorney for the Law Department of the City Health and Hospital's Corporation, who serves as a member of the Malpractice Committee. They agreed that a quick resolution of the case was in everyone's interests. Non-binding mediation was held, and the case settled for $1.5 million. Pre-suit settlements of malpractice cases are very rare, and this is one of the largest on record.