Shapiro, Lewis & Appleton
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Finding for the victim in a medical malpractice case, a jury in Arlington County, Virginia awarded $1,894,037 in May, 2010. The medical negligence claim revolved around the failure of a doctor to detect the metastasis of cancer when reviewing CT scan of the man's lungs.
The 70-year-old man with a history of melanoma had been ordered by his dermatologist to have regular lung CT scans in order to detect the spread of cancer before it progressed too far to treat effectively. The radiologist noticed a nodule on the CT scan that had changed in size and character from a previous CT scan done in 2003, but determined it represented plaque from asbestos exposure and not a malignancy. By the time lung cancer was diagnosed, from a 2008 CT scan, the cancer had progressed from Stage I to Stage III-A and the chance of cure decreased from 80-90% to 20%.
The doctor's attorneys presented two arguments in the medical malpractice case, supported by expert witnesses. First, that the radiologist's interpretation of the CT scan fell within the medical standard of care. Second, doubling time analysis from the 2008 CT scan back to the 2006 CT scan indicates there would already have been cancer cells in the lymph nodes. In other words, the chance for a cure had not significantly increased with the delay of a cancer diagnosis, the doctor's lawyers argued.
The jury agreed with the victim's attorneys that the doctor was guilty of medical malpractice. Lack of a prompt diagnosis of cancer drastically reduced their client's life expectancy and quality of life due to lung removal and chemotherapy. The award was reduced to the Virginia (VA) statutory cap of $1,850,000.
Regardless of whether the medical error occurs in Virginia Beach, Norfolk, Roanoke or Arlington, the same Virginia "cap" on medical malpractice applies with regard to VA state court actions.
About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have extensive experience handling medical malpractice and doctor mistake cases. Please take a few moments to review our medical malpractice case results. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia, including Norfolk, Portsmouth, Chesapeake, Newport News and Suffolk, VA, if you've been seriously hurt by the carelessness of a doctor, surgeon, nurse or pharmacist.
Rick Shapiro and James Lewis have been recognized as among the Best Lawyers in America since 2008. Also, Rick and Jim have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.
Members of our VA personal injury law firm have also been selected by the National Million Dollar Advocates Forum since 2009. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our VA medical malpractice firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.
We offer free special reports on the Top 10 Tips from a Medical Malpractice Insider and the top five surgical errors you must know about.
While not every injury case meets our criteria, we offer free initial confidential injury case consultation, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.
About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have extensive experience handling medical malpractice and doctor mistake cases. Please take a few moments to review our medical malpractice case results. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia, including Norfolk, Portsmouth, Chesapeake, Newport News and Suffolk, VA, if you've been seriously hurt by the carelessness of a doctor, surgeon, nurse or pharmacist.
Rick Shapiro and James Lewis have been recognized as among the Best Lawyers in America since 2008. Also, Rick and Jim have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.
Members of our VA personal injury law firm have also been selected by the National Million Dollar Advocates Forum since 2009. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our VA medical malpractice firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.
We offer free special reports on the Top 10 Tips from a Medical Malpractice Insider and the top five surgical errors you must know about.
While not every injury case meets our criteria, we offer free initial confidential injury case consultation, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.
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