A Florida woman who had a life-long concern about breast cancer after being diagnosed with calcifications when she was 23, and who routinely had mammograms and occasionally biopsies as a result, had a mammogram performed in February 2021, after she found a lump in her breast. According to court records, Dr. Henry Lusane, a radiologist employed by Radiology Associates of Pensacola, reported no abnormal findings after interpreting, without an in-person visit, that the diagnostic mammogram and ultrasound indicated “that nothing was wrong.”
Baptist Medical Park – Nine Mile in Pensacola, Florida followed up with a letter, on its letterhead, advising the woman that the results of the mammogram were normal.
By October 2021, the lump in the woman’s breast had grown larger and had become painful. A surgeon who had conducted a physical exam of the woman found enlarged axillary lymph nodes, which caused the surgeon to ask a radiologist (Lusane) to interpret diagnostic imaging data, which Lusane reportedly noted the high suspicion for malignancy. Hence, the woman alleged an eight-month delay in diagnosing her breast cancer, which resulted in a late diagnosis of terminal Stage 4 breast cancer.
The woman sued the radiologist, his radiology practice, and Baptist Medical, for medical malpractice. Baptist Medical argued that the radiologist was an independent contractor for which it was not responsible for his negligent acts or omissions, pointing to a consent for treatment form the woman had signed in which she “expressly agree to discharge the liability of the hospital for services rendered by independent contractors.”
Baptist Medical moved for summary judgment, arguing that the plaintiff had “failed to establish record evidence to support claims for actual or apparent agency against the hospital for the actions and inactions of Dr. Lusane.” The plaintiff responded by arguing, among other things, that the follow-up letter the woman had received stating that her mammogram results were normal was on Baptist Medical’s letterhead, and that she relied on Baptist Medical’s employees for her care, which the court found compelling, noting that Lusane “could not perform his job without the assistance of Baptist employees,” in denying Baptist Medical’s motion for summary judgment in May 2026.
Baptist Medical settled with the plaintiff on June 5, 2026, minutes before opening arguments were scheduled to begin. The settlement was in the amount of $7 million: $5 million paid by Baptist Health Care and $2 million paid by Acumen Medical Imaging and Interventional, the radiology practice that employed Lusane. In addition, the radiology practice agreed to adopt a new policy stating that if a woman comes in with a lump on her breast and wants to speak to the radiologist who is determining whether the lump is cancerous or benign, she can request a consultation – if the doctor is not immediately available, a consultation appointment will be scheduled. Baptist Health Care reportedly agreed as part of the settlement to provide documentation to women whose mammograms are reported as showing nothing abnormal that even though the results appear normal, the women should follow up with their provider.
If you or a loved one were injured (or worse) as a result of the misdiagnosis of breast cancer in Florida or in another U.S. state, you should promptly find a Florida medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your breast cancer misdiagnosis medical malpractice claim for you and represent you or your loved one in a breast cancer malpractice case, if appropriate.
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