Failure to Biopsy Mass Leads to Death

Several Million Dollar Medical Malpractice Settlement


Our client developed lower back pain and sought medical attention. X-ray and CT scanning revealed a soft tissue mass growing within the muscles of our client’s back. In a subsequent MRI, the mass could not be definitively identified and the interpreting radiologist recommended the mass be biopsied for positive identification.

Over the next three years, our client’s doctors never biopsied the lesion and did nothing to diagnose it, instead recommending follow-ups. Three years after our client’s initial complaint, a biopsy was finally performed which revealed a fibrosarcoma — a form of cancer — in his back. Our client underwent an operation to surgically remove the mass, but it was performed too late as the cancer had already spread to other parts of his body. Our client succumbed to his cancer a year later.

Our lawyers argued a timely biopsy could have caught the fibrosarcoma in its early stages and lead to effective treatment. Rosen Louik & Perry resolved this matter out of court for several million dollars.