Network Firm News
GOODELL DEVRIES WINS SUMMARY JUDGMENT IN "FAILURE TO DIAGNOSE" CASE
Craig Merkle and Marianne DePaulo Plant won a summary judgment for an obstetrician/gynecologis defending a “failure to diagnose and treat breast cancer” case. During discovery, plaintiff's medical expert testified that the physician defendant was negligent for failing to properly evaluate the 31-year-old patient's breast lump. He further testified that plaintiff's initial treatment was unsuccessful, and that plaintiff's cancer had progressed to Stage IV. The Circuit Court found that the testimony of plaintiff's expert on staging, available treatment and progression of the disease during the period of alleged delay in diagnosis was inadequate to prove a worsening of plaintiff's condition or any legally compensable damages under Maryland law.