Symptoms of Brain Cancer and Loss Of Function
Our Case *
This medical malpractice action was filed in September
1996 because of the care and treatment rendered to
Mr. Howard by defendants. The deficient treatment
Mr. Howard received caused him to suffer harm that
included a delay in diagnosing a brain tumor. This
delay was over a period of years in which the brain
tumor became malignant. At the time of surgery in
December of 1994, the tumor was unable to be totally
removed. The tumor was so large and the blood supply
so threatening that they could only remove 60 - 70%
of the tumor. During the repeat surgery that Mr. Howard
had on his brain tumor, he lost neurological function,
including memory and was unable to care for himself.
The brain tumor increased in size and caused Mr. Howard's
death.
Mr. Howard had been a patient at the medical office beginning in 1987. At that
time he was being treated for high blood pressure. He was seen for follow-up
several times in 1988, and his blood pressure appeared to be under reasonable
control. Throughout the late 1980's and early 1990's, Mr. Howard was being seen
for various complaints. Mr. Howard continued to treat with the Group in 1992,
and at that time he has a work-up for a deviated nasal septum and nasal polyp
operation.
In September 1993, Mr. Howard had complained he couldn't "get balance, pressure
on the head, other symptoms including vertigo, headache, falling, etc." There
was no record of a second EEG. Lastly, neither follow-up studies nor consults
were ordered or recorded through 1994.
In 1994, Mr. Howard again complained of headache and dizziness. Mr. Howard is
put on a medication for dizziness and continued to take that for over 18 months.
In 1994, the doctors diagnosed Mr. Howard as having symptoms of "anxiety attacks." As
a result of this diagnosis, he is put on the anxiety prescription medication
Paxil and Zanax. In October 1994 there was a call from the emergency room that
Mr. Howard has been seen for an acute onset of tonic-clonic seizure. Mr. Howard
underwent a CT Scan in the emergency room that was positive for a large front
inter-cranial mass.
Why were Defendants Negligent?
In 1991, an MRI or CT Scan, as well as, a neurological evaluation were indicated.
When a patient has "minor seizures", involving a loss of speech or any limb symptoms,
a complete neurological work-up should be ordered. A simple EEG cannot be relied
upon for diagnosis. The doctors in Mr. Howard's case did not take careful histories
or listen to his complaints. The doctor's deviated from the appropriate care
for Mr. Howard by failing to follow-up on the suggestions in the EEG report dated
October 1991. Furthermore, they failed to have a timely MRI, CT Scan and neurological
evaluation performed. These deviations resulted in Mr. Howard's delay in diagnosis
of his brain tumor and his pre-mature 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 Mr. Howard's
estate received was well worth it. At the Lewis Law Firm, we go
to battle for you.
* Names have been changed where appropriate
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