Wrongful Death                                    

When a loved one dies because of someone’s negligence, that is a wrongful death. The heirs of that person, including spouses, children, and parents, are entitled to be compensated for the loss of love, companionship and financial support.

Actual Case:
$600,000 settlement awarded in December 2002 in Massachusetts

The Case:
Failure to properly diagnose breast cancer led to patient's death.

The Details:
The decedent, a twenty-nine year-old nurse, was seen by the defendant nurse practitioner for a physical exam. The decedent pointed out to a firm lump in her right breast. The defendant diagnosed the lump area as fibrocystic breast formation.

Two years later the decedent saw the defendant again for an unrelated office visit. Again, the decedent asked the defendant about the lump, which had grown larger. However, no breast exam was taken.

Months later, the decedent discovered that the lump was noticeably tender when touched. The decedent asked a nurse practitioner co-worker to examine her right breast and a large lump was easily discovered and confirmed. Evaluation and biopsy were then performed, revealing breast cancer, which had already spread to the lymph nodes. She subsequently died.

Patients’ family alleged that the defendant nurse practitioner deviated from the standard of care in failing to follow-up on the decedent's complaints of a breast lump with further evaluation and testing, which resulted in the decedent's injuries and death.
The case settled for $600,000 after mediation, according to a published account.