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September 2008 Legal Case Study

Failure to Refer to Specialist for Continuing Complaints Relative to Nose and Sinuses - Sino-Nasal Cancer Leads to Death of Teenager - $1.5 Million Settlement.

The plaintiff’s decedent, age nineteen, went to the defendant family practice physician and nurse practitioner beginning in February 2000 with complaints related to her nose and sinuses. The defendants maintained that the symptoms were consistent with allergies. The decedent was prescribed Amoxicillin at her first presentation. A second course of antibiotics was prescribed ten days later.

In August 2000 the decedent complained of nosebleeds and was diagnosed with sinusitis with nosebleeds. The teenager had begun complaining of persistent daily frontal headaches, loss of sense of smell, difficulty breathing and frequent nosebleeds, but the medical records did not document these symptoms.

In September 2000 the decedent was seen by the nurse practitioner who diagnosed allergic rhinitis and prescribed Allegra and saline nasal spray. The decedent was seen by the nurse again in October and November, at which point the decedent had an enlarged lymph node.

In March 2001 the decedent saw a covering doctor and noted that her right nostril was blocked. The covering physician asked her to see her regular physician, at which time she was referred to an ENT. At that visit the diagnosis of a mass was immediately made.

In April 2001 the decedent underwent endoscopic surgery. An MRI in May showed the tumor to extend intracranially. The decedent subsequently underwent craniofacial resection and postoperative radiation therapy. Despite aggressive treatment the cancer recurred and she died in December 2001.

The plaintiffs claimed that the decedent should have been referred to a specialist at least seven months before her diagnosis.

The defendants claimed that the decedent had generalized complaints consistent with allergic rhinitis and that sinonasal cancers were rare. The defendant also claimed that the specific tumor type was notoriously aggressive and that a seven-month delay would not have changed the outcome.

According to a published account a $1.5 million settlement was reached.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.

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