$600K Iowa Malpractice Settlement: It has been reported that University of Iowa Physicians has agreed to pay $600,000 to settle a lawsuit brought by the wife of a 67-year-old man who died on August 29, 2015 from complications arising from a metastatic neuroendocrine tumor. The Iowa medical malpractice lawsuit was filed on December 26, 2018 after the claim was filed with the Iowa State Appeal Board on August 7, 2017 and was denied by the Board one year later.
The man was diagnosed in 2008 with a tumor in his abdomen that had metastasized to his liver and then to his spine and right eye. The man was accepted into a clinical trial in 2013 that was successful in shrinking lesions in his spine and eye.
As part of his monitoring regimen, the man was subjected to a series of CT scans (three in 2013, two in 2014, and two in 2015) that were reported as showing a stable tumor burden on the liver of between 10 percent and 15 percent. However, in the beginning of 2015, the man had elevated liver function tests and was experiencing other symptoms. In the Iowa medical malpractice claim filed with the State Appeal Board, the man and his wife stated: “When Chris’ symptoms kept getting worse, an MRI was performed at UIHC on July 8, 2015 which found micro-metastasis to significant parts of liver, with an estimated 95 percent tumor burden. This was a shock to Chris and his wife, Kathy, as they had been told that the serial imaging over the years showed no significant change.”
In their Iowa medical malpractice lawsuit, the plaintiffs alleged: “If UIHC correctly interpreted the MRI to show 95 percent tumor burden, the failure to perform an earlier MRI deprived Chris of the opportunity to treat his cancer at an earlier point in time and avoid the significant burden on his liver. Chris lost a chance for a better outcome, and the negligent failure to diagnose his recurrent disease prevented him from taking advantage of alternative treatment at a more opportune time.”
The plaintiffs’ Iowa medical malpractice lawsuit survived the defendants’ motion to dismiss that argued that the claim was not timely filed because the plaintiffs were aware of the alleged medical negligence on July 8, 2015, and they failed to file their claim until August 7, 2017. The plaintiffs responded that the statute of limitations began to run on August 29, 2015, when the man died, because their claims were based on the loss of chance of a better outcome.
If you or a loved one may have been harmed as a result of medical negligence in Iowa or in another U.S. state, you should promptly find an Iowa medical malpractice lawyer or a medical malpractice lawyer in your state who may investigate your medical malpractice claim for you and represent you or your loved one in a medical medical malpractice case, if appropriate.
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