Jefferson County (Ala) Circuit Court
When a 55-year-old woman presented to an oncologist with a crease in her left breast, the physician ordered a mammogram as well as fine-needle biopsy of a lesion in that breast.
The patient alleged she was then told she had cancer, and opted for a mastectomy. The doctor testified that he suggested she have a biopsy with a possible mastectomy, but she chose only the mastectomy due to her family medical history.
A mastectomy without a biopsy was performed, along with removal of 11 lymph nodes. Afterward, it was discovered that the patient did not have breast cancer. The patient suffered postoperatively from lymphedema.
- The jury awarded the plaintiff $2.4 million.