Vol. 56 No. 9

Trial Magazine

Verdicts & Settlements: Medical Negligence

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Failure to send, follow up on pathology report

September 2020

Doe, 41, underwent a dilation and curettage after experiencing abnormal uterine bleeding. Tissue that was sent to pathology after the procedure revealed complex atypical endometrial hyperplasia, a precursor to uterine cancer. The hospital never sent the report to Doe’s treating physician, however, and the physician never obtained the report.

Doe continued to experience uterine bleeding and was diagnosed as having metastatic uterine cancer approximately four years later. She underwent painful cancer treatment and a hysterectomy, including removal of her ovaries, which led to early menopause.

Doe sued the hospital and her treating physician, alleging that the hospital failed to send the pathology report to the physician and the physician failed to follow up on the report.

The parties settled for $1.8 million. The physician paid $1.5 million, and the hospital paid the rest.

Citation: Doe v. Roe Hosp., Confidential Dkt. No. (Ill. Cir. Ct. Cook Cty. May 6, 2020).

Plaintiff counsel: AAJ members Susan A. Capra, Joseph L. Rourke, and Keith Hebeisen, all of Chicago.