Compensation Amount for Failure to Diagnose Cancer Which Metastasized
A failure to fully and promptly investigate the development of breast cancer which metastasized to a plaintiff's lymph nodes generated an $ 800,000 verdict in Simmons v. East Nassau Medical Group, 260 A.D.2d 463, 688 N.Y.S.2d 209 (2d Dept 1999) and a reduction to $ 450,000 which resulted in an amended judgment of $ 112,500 after apportioning 25% liability.
An earlier Appellate Division, Second Department cancer case, involving an internist's malpractice, Donohoe v. Goldner, 168 A.D.2d 412, 562 N.Y.S.2d 538 (2d Dept 1990) found $ 900,000 reasonable compensation for a 50-year-old woman's pain and suffering.
In Connolly v. Pastore, 203 A.D.2d 412, 610 N.Y.S.2d 560 (2d Dept 1994), allowing a period of time to pass, when a doctor could have successfully treated a decedent's cancer which then metastasized produced a $ 500,000 jury verdict and a reduction to $ 300,000.
Additional facts mentioned in 4 JRD 15 reveal a 75-year-old decedent who endured three years of pain and suffering.