Levin & Perconti Helps Family Get $12 Million in Medical Malpractice Wrongful Death Case

medical malpractice wrongful death

Levin & Perconti Attorneys Assist Family In $12 Million Award for Failure to Diagnose and Treat Lung Cancer

A jury voted to award $12 million to the family of Doris Newberry after her death following a failure to diagnose and treat her lung cancer. Her family, with the help of Levin & Perconti attorneys John Perconti, Michael Bonamarte and Cari Silverman, were able to prove that the defendants — including family practice doctors Dr. Iza, and Dr. Jeffrey Lindahl of Alexian Brothers Medical Group, as well as radiologist Dr. Jeffrey E. Chung, of Radiological Consultants of Woodstock — failed numerous times to appropriately diagnose and care for Newberry’s cancer. As a result, she experienced pain and suffering and disfigurement, and an untimely death, which could have been prevented had her cancer been diagnosed following a 2010 X-ray which revealed a lung abnormality.

  • Iza saw Newberry several times between June 2008 and August 2010, including an August visit following a July 2010 chest X-ray that showed abnormal findings.
  • Lindahl took over her care in June 2011 and never followed-up on the abnormal chest X-ray finding.
  • In December 2012, Newberry was finally diagnosed with lung cancer.
  • At 70-years-old, she died from Stage 4 lung cancer on September 9, 2013.

The jury’s $12 million judgement included $10 million for Ms. Newberry’s pain and suffering, disfigurement and loss of a normal life and $2 million for the loss experienced by her adult children. The family received money for damages by suing under the Survival Act of the State of Illinois and the Wrongful Death Act of the State of Illinois.

Of course, money cannot replace the life of a loved one — but it can help to pay for the extensive medical treatments and care, and pain and suffering due to the careless treatment by a medical professional.

Proving Medical Malpractice for a Cancer Misdiagnoses

In many cases, medical conditions are treatable when caught early. However, failing to diagnose or treat can often lead to further injury or death. To bring a viable medical malpractice claim for misdiagnosis or failure to diagnose, patients must prove these three basic elements:

  1. a doctor-patient relationship existed at the time of the alleged error in diagnosis
  2. the doctor’s error rose to the level of negligence, and
  3. the patient suffered harm due to that negligence.

In many types of cancers such as Newberry’s lung disease, an early and correct diagnosis can make a significant difference in prognosis. Some of the more common cancer misdiagnoses include:

  • Breast cancer
  • Cervical cancer
  • Colorectal cancer
  • Lung cancer
  • Pancreatic cancer
  • Prostate cancer

Today, Johns Hopkins Medicine researchers estimate that medical error, including failure to diagnose or misdiagnosis, is the third leading cause of death in the U.S.

Medical Malpractice and Wrongful Death Lawyers

The Chicago medical malpractice attorneys at Levin & Perconti have spent nearly three decades fighting for victims of preventable medical errors. From failure to inform a patient of a condition and properly counsel them on treatment, to missed or delayed diagnoses and medication errors, our attorneys have over 130 years combined experience researching and litigating medical mistakes.

If you or someone you love has found yourself to be the victim of a medical error of any kind, please let us fight for you. Our consultations are always free and confidential. To request time with one of our medical malpractice attorneys, please call us at 312-332-2872 or complete an online case consultation form here.

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