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$1,000,000 Settlement in Medical Malpractice Action Against Physicians and Hospital for Failing to Timely Diagnose and Treat Brain Tumor in Minor Patient

The plaintiff is a 6 year old minor who developed a brain tumor. She was referred to a pediatric hospital for treatment by a surgeon and oncologist. The surgeon removed the tumor. However, the surgeon and the oncologist decided not to prescribe any post operative chemotherapy or radiation. As a result, the tumor came back. An MRI was performed which confirmed the recurrence. Unfortunately, the MRI report was not timely and properly communicated to the surgeon. This led to a delay in treatment of the recurrence to the point that no other interventions where possible. As a result, the child has an incurable brain tumor and is not expected to live very long. The plaintiff alleged that the defendant physicians and hospital were negligent in the treatment of both the original and recurrent tumor which caused the minor irreversible brain damage and a shortened life expectancy. The defendants argued they were not negligent, that no treatment could have prevented the recurrence of the child’s particular cancer due to its aggressive nature , that they were entitled to sovereign immunity, that no hospital vicarious liability existed for the actions of the physicians and that the case was subject to arbitration limitations and other statutory caps on noneconomic damages. The case settled for $1,000,000 against the physicians and hospital.