Failed Diagnosis in Lung Cancer Patient Death Results in $461,000 Verdict

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James Cardea and Jonathan Goldberg of Schochor, Federico and Staton, P.A. recently obtained a verdict of more than $450,000 in a medical malpractice claim against a primary care physician in the Circuit Court for Baltimore County. A jury handed down the award last week in a case involving a 79-year-old man whose lung cancer went undiagnosed and untreated for more than four years.

Carl Palmer, a former smoker, was a patient of Timothy Souweine, M.D. In November 2005, Mr. Palmer attended a lung cancer screening program at a local hospital.  A CT scan performed as part of the program identified an abnormality in his upper right lung.  A copy of the CT scan report and correspondence was sent to Dr. Souweine, with a recommendation for follow-up.

In March 2008, Mr. Palmer underwent a pre-operative chest x-ray. An abnormality was, once again, noted in Mr. Palmer’s right upper lung.  A copy of the chest x-ray report, which recommended comparison to prior studies or a follow-up CT scan, was sent to Dr. Souweine.  Again, no follow-up CT scan was performed.  In 2010, Mr. Palmer was diagnosed with Stage IV lung cancer. Two years later, he died from the disease.

In representing Mr. Palmer’s family and his estate, partners James Cardea and Jonathan Goldberg asserted that Mr. Palmer would have likely been cured of his lung cancer had he been properly diagnosed and treated prior to July 2008.

Mr. Palmer is survived by his wife and six adult daughters.  Suit was filed suit against Souweine, a local hospital and the two radiologists who identified Mr. Palmer’s lung abnormalities in 2005 and 2008. “Ultimately, the jury decided it was the primary care doctor who was responsible for scheduling a follow up CT scan,” explained Attorney Cardea.

Following a nine-day trial, the jury returned a verdict for more than $160,000 in economic damages and $300,000 in non-economic damages.

Maryland and Washington D.C. medical malpractice lawyers fighting for the rights of wrongful death survivors

The skilled Baltimore wrongful death attorneys of Schochor, Federico and Staton provide the residents of Maryland and Washington D.C. with high quality legal representation. They pride themselves on helping families, like the Palmers, meet the devastating challenges brought on by a wrongful death. Contact their offices at 410-234-1000 today for a consultation if you or a family member has been harmed by medical malpractice.

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James Cardea

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Jonathan Goldberg