A 26-year old mother of three young children went to the emergency room at a Florida hospital complaining of flank pain. After a series of tests, including a CT scan of her abdomen, she was diagnosed with a urinary tract infection and sent home for treatment.
However, after the patient was released from the hospital, the CT scan came back showing that its results were not normal. The hospital was notified of the discrepancy in the reading of the CT scan two days after the female patient left the emergency room.
The hospital’s written policy for any such radiological discrepancies was to notify the patient by certified letter and request that the patient return for further diagnostic testing.
Yet the patient never received this letter. After the pain did not subside, the patient again went for testing a year later, only to discover that she had a tumor, or advanced osteosarcoma of her pelvis.
After Rue & Ziffra took the case, the lawyers presented evidence that their client never received the letter from the hospital. Rue & Ziffra, lawyers also showed that the hospital could not provide any evidence that the letter was even sent to the patient. After presenting all of the facts, Rue & Ziffra, reached a confidential settlement with the hospital on behalf of the patient and her three children.