Doctor's Negligence in Failing to Diagnose Cancer

Our Case *

This wrongful death and survivorship action arises out of the death of Helen Kimberton on July 25, 1995. On May 11, 1995, Mrs. Kimberton, then 73 years old, presented to the emergency room of the Hospital with complaints of weakness and inability to get up and go. During the course of the work-up in the emergency room a chest x-ray was taken. The x-ray revealed a 5 ½ cm. mass in the posterior segment of Mrs. Kimberton's right lung in addition to the mass in the anterior segment.

At the time of diagnosis, the cancer was stage four non-small cell carcinoma of the right lung with massive liver metastasis. Consults with radiation oncology and surgical oncology revealed that those options would not offer much help or hope to Mrs. Kimberton since the cancer was too far advanced. Mrs. Kimberton did receive chemotherapy treatments from May 20 - 22, 1995 and was discharged on May 23, 1995. On July 25, 1995, just over two (2) months after her diagnosis, Mrs. Kimberton died.

Mrs. Kimberton sought care and treatment from her primary care doctor, defendant, Lawrence Garber, M.D., for fifteen (15) years. She was seen by Dr. Garber on a regular basis, approximately once a month, concerning her diabetes, hypertension and asthma. Between 1992 and 1995, during the course of her treatment with Dr. Garber, Mrs. Kimberton complained of, among other things, a cotton ball feeling in her throat and of bleeding from her mouth. Dr. Garber was not able to diagnose these symptoms.

Why were Defendants Negligent?

The late diagnosis of the stage 4 nonsmall cell carcinoma of the right lung with massive liver metastasis did not allow for treatment by surgical intervention or radiation therapy. Furthermore, Mrs. Kimberton's opportunity to survive and manage this disease was removed by Dr. Garber's failure to diagnose her condition. For the last days, weeks and months of her life, Mrs. Kimberton had to endure pain, suffering and the certainty of her impending death.

The Verdict

The Lewis Law Firm were able to recover a large monetary award as a result of trial. The battle was far from easy but the reward Mrs. Kimberton's estate received was well worth the effort. At the Lewis Law Firm, we go to battle for you.

* Names have been changed where appropriate