$2.0 Million Settlement in Medical Negligence Action Against OB/GYN for Failing to Timely Biopsy Cervical Lesion.
The Plaintiff was a 34 year old female who was pregnant with her second child. As part of her prenatal care she tested positive for HPV. Her physician performed a colposcopy which demonstrated a small lesion on the cervix. Her OB/GYN opted to not biopsy the lesion and defer further investigation until after the delivery of the baby. After the delivery the Plaintiff began episodes of extreme vaginal bleeding. This led to a second colposcopy and biopsy of the same cervical legion which was now larger. The biopsy revealed an advanced cervical cancer. As result, the Plaintiff had to undergo a pelvic exteneration, chemotherapy, radiation and multiple other treatments. Her prognosis for survival was poor. The Plaintiff alleged the OB/GYN’s decision not to biopsy the cervical lesion was below the standard of care and that as a result of such violation there was an 11 month delay in diagnosis and treatment. This led to the need for extensive surgical and medical care and a poor prognosis. The OB/GYN denied he violated the standard of care. Also, given the nature and type of cancer, he further denied that the 11 months caused any bodily harm to the Plaintiff. The case settled for $2.0 million dollars prior to trial.