Cancer Malpractice Lawyers

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Cervical Cancer Misdiagnosis

 

The patient 51, presented to gynecologist, Dr. Claudia Ravins in June of 2000 for an annual gynecological evaluation. An internal exam was performed by Dr. Ravins and no mass or lesion was noted. A pap smear was taken and sent to Bio-Reference Laboratories. Although, the laboratory reported the pap smear as “within normal limits, ” it also reported an incomplete specimen “no endocervical component.”

Dr. Ravins admitted that she never read the report because it had been filed by a “nurse” who would presumably have read it. The patient was never informed that an incomplete pap smear had been reported and she was not offered a repeat pap smear.

 

On March 17, 2001, The patient presented to Dr. Ravins for her gynecological examination and pap smear. Dr. Ravins performed a pelvic examination and reported normal findings. A pap smear was taken and sent to Bio-Reference Laboratories. The report returned “within normal limits,” however, the Laboratory indicated in its report that there was inflammation and/or infection present. Again, Dr. Ravins did not read the report.

 

Four weeks later, The patient hemorrhaged vaginally at home. She made an appointment with Dr. Ravins and a biopsy was taken from the hemorrhaging mass. Pathology returned with a 5x6 cm mass which obliterated the cervix. Further testing determined that the patient had an advanced stage of Stage 3B cervical cancer. She underwent numerous rounds of chemotherapy, internal radiation and external radiation. Her cancer went into remission only to return in June of 2002.

 

At that time, her only option for survival was a total pelvic exenteration, removing her bladder, rectum, anus, colon and vagina. She ultimately required 3 additional surgeries from complications to the total pelvic exenteration and urinary diversion. Today, the patient requires both an ileostomy and colostomy to attend to her urinary and bowel needs. Both bags are permanent in nature and require draining every hour.

 

Plaintiff called plaintiff’s treating gynecological oncology surgeon, who described for the jury his surgery and why his surgery was necessary. The doctor testified that pap smears have decreased dramatically the need for a total pelvic exenteration because of the early detection of cervical cancer.

 

Medical testimony was offered by a variety of experts, including a board certified oncologist and board certified gynecologist. Oncology offered medical opinions that based on the size of the mass on diagnosis in April of 2001, the mass had to be clinically present in June of 2000 and certainly in March of 2001. Oncology offered opinions that as of June of 2000, her cancer was at a much earlier stage and that she would have required only a radical hysterectomy the patient. Gynecology offered opinions that Dr. Ravins departed from standards of good and accepted medical practice in her performance of pelvic examinations on and that this mass should have been palpated on pelvic examination. Gynecology offered opinions that the lack of endocervical tissue in June of 2000 was significant and that further testing, such as a repeat pap was warranted. Gynecology also testified that a Stage 1 cervical cancer was present at the time of the June 2000 pelvic exam with a mass the size of a marble present. Gynecology testified that the defendant gynecologist deviated from the standard of care by failing to perform proper and adequate pelvic examinations in 2000 and 2001. Gynecology also offered opinions that the laboratory report of March of 2001 required immediate review and investigation by Dr. Ravins as to the possible causes of the infection and/inflammation given that inflammation is a warning sign of cervical cancer.

 

During trial, the case settled against defendant, Bio-Reference Laboratories. The case continued against the gynecologist, Dr. Ravins. At the close of plaintiff’s examination of the defendant, Dr. Ravins, admitted responsibility for the delay in diagnosis of the patient’s cervical cancer. The next day, the defendant testified differently. The defendant admitted that the endocervical cancer is where cancer originates and that inflammation is a warning sign of cervical cancer.

 

The jury after 5 ½ hours of deliberation returned a unanimous verdict on all questions of departure and proximate cause. They apportioned 90% liability on the part of the gynecologist, Dr. Ravins and 10% on the part of Bio-Reference Laboratories.

 

Click here to read our opening
Click here to read the examination of Dr. Ravins

 

If you or a loved one has medical malpractice questions in New York, please contact the cancer malpractice lawyers at the Law Offices of Silberstein, Awad & Miklos, P.C., serving clients in New York, including the Bronx, Brooklyn, Queens and Long Island.
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