Hospital Fails to Inform Patient of Cancer Diagnosis

Case Overview

This case takes place in Alabama and involves a male patient who underwent a minor surgical procedure that concluded without complication, however a post-operative pathology report revealed the presence of spindle cell carcinoma. In spite of the report’s findings, the patient claims that he was never notified about the presence of cancer in his body or instructed to seek treatment. Some time later, the surgeon who performed the procedure signed the surgical notes, which included the pathology report’s findings, however he again failed to notify the patient of his cancer. The patient was never notified of his diagnosis despite numerous subsequent visits to same hospital for various complaints. Eventually, the cancer metastasized, causing severe pain and significantly decreasing the odds of successful treatment. The plaintiff presented to the ER in response to his pain, where he was prescribed pain killers and was sent home. Eventually, the hospital re-discovered the cancer and informed the patient of his initial diagnosis, by which time he had developed numerous masses throughout his body, making successful treatment very unlikely.