Senior trial lawyer Robert W. Frank, obtained a difficult defense verdict in a medical malpractice and wrongful death suit on behalf of a physician, for delay in diagnosis of cancer. The Plaintiff, a sixty-two-year-old lawyer with a thirty-year history of smoking, was initially diagnosed with a urinary tract infection that later was found to be an aggressive form of bladder cancer. Plaintiff’s surviving wife brought a malpractice/wrongful death suit, claiming a loss of consortium and a loss of income in the range of 2.5 million to 5 million dollars. Plaintiff contended Defendant was negligent in failing to advise of the importance of returning to repeat initial labs and in failing to decide to ensure Plaintiff followed up and returned for repeat tests.

After seven days of trial testimony and five hours of jury deliberations, the verdict was a 12-0 victory for the Defense. Plaintiff’s settlement demand was $450,000.

Robert W. Frank is a shareholder at Neil Dymott Hudson and concentrates his practice on the defense of healthcare professionals and general civil litigation. Mr. Frank may be reached at (619) 238-1712.