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(516) 394-4200
Medical malpractice can have serious consequences and end up taking someone’s life. A 49-year-old woman lost her life after doctors delayed the treatment and diagnosis of a fungal infection. The case proceeded to trial, and Duffy & Duffy secured a $2 million settlement, prior to receiving a jury verdict, for the patient’s son in compensation for the loss of his mother’s life.
On February 11, 2014, the patient entered the hospital, declaring symptoms of a persistent cough and shortness of breath. She was initially admitted with a diagnosis of COPD exacerbation and pneumonia, and began treatment with corticosteroids and antibiotics.
Over the following two weeks, her symptoms had not improved. On February 25th, an infectious disease doctor started the patient on an antifungal medication, called Vfend, and performed a transbronchial biopsy and washing. Unfortunately, those tests had conflicting results, as the biopsy results were negative for fungus, and the washing results were positive. Despite the positive washing test results, the doctor focused on the negative biopsy and stopped the antifungal treatment on March 7th. A blood test and CT scan were also ordered, which showed some improvement in the patient’s lungs.
Due to the inconsistent results, the doctor brought in a more senior infectious disease doctor from the same hospital to look at the case. The senior doctor reviewed the patient’s records, which included the biopsy, washing, CT scan, and improved symptoms. After analyzing the results, the senior doctor diagnosed the patient with fungal colonization, a non-invasive condition. Based on the diagnosis, the doctor told the patient to continue antibiotic treatment and taper the steroids, but did not reinitiat antifungal treatment. The patient’s health continued to deteriorate, and on March 23, the doctor fianlly resumed the antifungal medication.
A much delayed open lung biopsy was later performed. The results concluded that the patient had been suffering from an invasive fungal infection all along. This diagnosis contradicted the original diagnosis made by the senior infectious disease doctor. By the time the proper diagnosis was made, the disease had progressed too far to be treated effectively. Furthermore, the patient had also developed a secondary infection, called Pseudomonas, which was resistant to standard antibiotics. The patient passed away just days later, on April 1st, 2014. Although no autopsy was conducted, her death certificate listed the bacterial infection as the cause of death.
Duffy & Duffy brought a medical malpractice lawsuit against both infectious disease doctors, arguing that their failure to act quickly and decisively led to this avoidable outcome. Ultimately, the jury unanimously agreed with the claim against both doctors. While there was no pre-trial settlement offer, the case moved forward and settled for $2 million while the jury was in deliberation. The outcome provided much-needed justice and clarity for the grieving family.
The consequences of delayed or incorrect diagnoses can cost lives. At Duffy & Duffy, we are committed to holding negligent healthcare professionals accountable and securing justice for the families affected by medical malpractice. If you or a loved one has been affected, call us today to review your case.
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