A mammogram is a test to screen for breast cancer.  But it is only part of the process to effectively detect for breast cancer in its early stages. This case was about whether early detection matters.  The jury said it does.

Facts of the failure to diagnose breast cancer case.

In this tragic case our client Evelyn Blanchett of Norwich, Connecticut had a mammogram performed, and it was not conclusive.  She also had some other abnormalities that indicated some other tests might be useful.  Her doctor at the time was Dr. Frederick C. Barrett or Norwich. Dr. Barrett did not perform another test.  He also did not refer her to a specialist, or a surgeon to do a biopsy.  This was a very tragic mistake by the doctor.

Unfortunately her cancer developed.   She had no idea it was developing because her doctor told her she was fine.   Had it been detected earlier she would have had a much better result.  Early detection in breast cancer is crucial.  But since it was not detected early it continued to grow.

By the time it was detected our client had to have very serious medical procedures to attempt to save her life.  She was unable to attend her own trial due to the extensive chemotherapy she had to have.  This was a very difficult time for our client.  She was very courageous.

In order to prove our client’s case we asked an oncologist from the Yale University School of Medicine to explain what should have been done, and we also asked another professor from Yale to testify about the standard that should have been followed in this case.

The defendant in this case, Dr. Frederick C. Barrett of Norwich, Connecticut claimed that even if he had done the proper tests the result would have been no different.   Essentially, he was saying that early detection makes no difference.

The case was tried to a jury in New London, Connecticut.  The trial lasted for 6 weeks.  The jury sided with our client, and the position we took.  So, we won the case.   The total verdict was $2 million dollars.

The case was appealed to the Connecticut Supreme Court based on a legal issue involving the statute of limitations in a medical malpractice case when the doctors’ treatment of the plaintiff continues even after the medical negligence.   Eventually, the Connecticut Supreme Court ruled that based on a “continuing course of treatment” the doctor has a continuing obligation to diagnose the medical condition properly.

The verdict.

$2 million jury verdict.

Where to find help?

If you or anyone you know is a victim of medical malpractice or the failure to diagnose cancer in Connecticut contact the malpractice lawyers at The Bartinik Law Firm LLC at 860-445-8521.  We are here to help.