27-Year-Old Cancer Patient Wins Medical Malpractice Case

On Sept. 9, Shilisa Rhodes was awarded $4.4 million for negligent care provided by her primary care physician, Jamie Hill-Daniel, and Unity Health Care. Hill-Daniel failed to diagnose Rhodes’ breast cancer when she went in with complaints of lumps and tenderness in 2009. Her cancer had progressed to incurable Stage IV by the time it was diagnosed in March 2011.

Rhodes is just 27. She is the mother of two children.

Misdiagnosis of Cancer is Malpractice

breast cancerRhodes’ tragic story highlights the terrible tragedy of misdiagnosed cancer. It also clearly demonstrates the elements of medical malpractice, which are:

  1. The existence of a duty owed by the health care professional to the plaintiff. Rhodes had a patient/doctor relationship with Hill-Daniel and went to her specifically to address her concern with the pain she was feeling in her breasts. This relationship establishes a duty of care owed to Rhodes.
  2. A breach in the standard of care. During the trial, an expert testified that Hill-Daniel breached the standard of care by not including breast cancer as a possible diagnosis and subsequently not performing tests that would have diagnosed it.
  3. A causal connection between the breach in standard of care and the patient’s injury. Rhodes’ oncologist testified that she could have had Stage I cancer at the time, and that diagnosis would have given her a very promising 98% survival rate. Instead, she has only a 17% chance of surviving more than 5 years.
  4. Injury or harm to the patient. Rhodes not only faces a drastically shortened life; she has also experienced tremendous grief and emotional distress. She has also experienced, and will continue to experience, financial damage. Experts estimate that she would lose over $508,000 in household services and $737,715 in past and future wages. In addition to this are her medical bills and expenses.

Were You a Medical Malpractice VICTIM? Let Us Help You

Establishing medical malpractice can be very complex and requires the testimony of experts to prove a breach in the standard of care and its link to the harm experienced by the patient. If you were the victim of medical malpractice, you deserve compensation for your suffering. While it cannot reverse the damage done, it can help you and your family better face the financial burden placed upon you by your ordeal. At Perey Law Group, we are experienced in proving medical malpractice and winning large settlements for our clients.

Please contact us immediately for a free consultation with one of our knowledgeable attorneys if misdiagnosis of cancer or another form of medical malpractice has hurt your or your family.

One thought on “27-Year-Old Cancer Patient Wins Medical Malpractice Case

  1. Good Morning! My name is Olga. I live in Texas. I read a story of Ms.Jamie Hill-Daniel, and my heart goes to her deeply. I am kind of in a similar situation right now die to my doctor;s failure to adress a clinically palpable mass at the time of my first visit. Only 10 months later I was diagnosed with bresat cancer, stage 2 which later , at the time of my mastectomy became stage 3 A due to its spread to lymph nodes. If you are interested in evaluating my case further or can refer me to the attorney who is licensed to practice law in State if Texas I would appreciate your help very much!

    There are the timelines of the facts of my case:

    · On May 11 of 2012 I visited my ob/gyn doctor, Rudolph Tovar, for a pap smear exam.During the exam doctor questioned me whether I ever experienced any menopausal symptoms. I told him that I do have some minor symptoms such as hot flashes.

    · On May 11, 2012, during the same visit I told doctor hat I do have a lump in my right breast. Doctor manually examined the lump and told me that he is of opinion that it is a fibroid cyst. As to my hot flashes Dr. recommended me to start using a Prempro drug. I was prescribed Prempro for 4 weeks in order I would come back in a month to get it refilled for another year.

    · On July 24, 2012 I had a second visit with Doctor Tovar. He refilled Prempro prescription for another 12 months.

    · Following doctor Tovar’s advice I started on Prempro and had been using it for another nine months, on a daily basis, from May 11 through June 12 of 2012 and from July 24 through February 12, 2013.

    · Somewhere in the end of December, 2012, I had noticed an unusual changes in my right breast such as pain, tingling, redness, and rushes. Also, I noticed that lump itself became larger than it was back in May, 2012. I called back to doctor Tovar’s office in order to report those symptoms. However, I was not able to get him on the phone. Each time I called to his office I was prompt for a voice mail to leave a message or had his assistant telling me that doctor is busy and that he will call me back but he never did.

    · In January 2013 I tried to schedule a mammogram at Baylor Medical Center of Carrolton, Texas. But due to the scheduling requirement to have a doctor’s referral I was not able to get it scheduled right away. I called doctor Tovar again to get his referral with no success.

    · On January 17, 2013 I went in person to Dr. Tovar’s office. When I came in the dr’s assistant told me that she already faxed to the Baylor all required paperwork on January 11,2013.

    · On January 28th, 2013, I had a mammogram done at the Baylor Imaging Center of Carrollton, then ultrasound was performedby Dr. Corey Morgan, following biopsy that later revealed an invasive dactyl carcinoma.

    · On February 12, 2013 I had been diagnosed with stage 2 breast cancer.
    ___________________________________________________

    · From March 7, through May 22, 2013 I underwent four rounds of chemo treatments at the Baylor Hospital at Carrollton ( Dr. Enrique Perez, oncologist) .

    · On June 11, 2012 I had a lumpectomy and a full excision of my lymph nodes. However, a breast surgeon, Dr. Tuoc Dao, who performed a surgery was not able to obtain a clear margins. That’s why a mastectomy was recommended. I decided to look for a second opinion.

    · In the end of June of 2013 I had been seeing by another breast surgeon, Dr. Archana Ganoraj at Presbyterian Hospital of Dallas. After reviewing my pathology report she told me that I was needed a mastectomy on the first place due to size of tumor vs. size of breast.

    · On July 12, 2013 I had a mastectomy with tissue expander placement ( Dr. A. Ganoraj).

    · On August 8, 2013 an expander was surgically removed due to its infection.

    · At this present time I am undergoing another six rounds of chemo following 6 weeks of radiation. ( first day of chemo was October 1, 2013).

    · When I was diagnosed with BC my first oncologist, Dr. Perez, advised me to discontinue Prempro asap.

    · My breast surgeon, Dr. Tuoc Dao, advised me that if it was her she would evaluate the nature of my lump on the first place before prescribing me with any HRT.

    · Speaking with my second breast surgeon, Dr. Ganoraj, about Prempro’s affect on my lump she was of the opinion that this drug could have contributed to my lump growth, and if it was evaluated back in May of 2012 I might have a less invasive procedure and treatment.

    · Pathology report dated 6/11/2012 states that Tumor was ER/PR positive, HER-2/neu negative, 2.1×1.3 cm, 23 lymph nodes removed, three lymph’s nodes had macrometastases and other three had micrometastases.

    · On 7/12/13 during mastectomy an additional 1.4 tumor was found making it 3.4 cm tumor in total. Tumor was ER/PR positive, HER-2/neu negative.

    · My second breast surgeon evaluated it as a stage 3A breast cancer.

    Pathology reports:

    · February 2, 2012, core biopsy: performed by Dr. Corey Morgan, ( he took three liasons )

    · February 4, 2012, core biopsy report report : performed by Dr. Margaret E. Bell/ AmeriPAth North Texas, Tumor was 2.3 cm, invasive ductal carcinoma, grade III,
    prognostic markers: ER/PR positive, HER-2/neu Equlvocal
    pathology staging: T2 N, N0, M0.

    · June 11, 2013 surgical pathology report (lumpectomy): performed by Cinda Rose, M.D.Baylor Mecical Center in Carrollton, Tumor was 2.1 cm, grade II; from 23 lymph nodes that has been removed, three lymph’s nodes had macrometastases and other three had micrometastases as well as lateral anterior and superior margins were positive for invasive carcinoma.
    pathology staging: T2 pN2a
    prognostic markers: ER/PR positive, HER-2/neu Negative

    · July 12, 2013 surgical pathology report (mastectomy): performed by Aviva M. Hopkovitz, M.D., Department of Pathology, 8200 Wallnut Hill Lane, Dallas, Texas, 75231, ph: 214-345-7250, fax: 214-345-4487. an additional 1.4 tumor was found making it 3.4 cm tumor in total..
    prognostic markers:ER/PR positive, HER-2/neu Negative

    My first breast surgeon, Dr. Dao evaluated tumor as a stage 2 breast cancer.

    My second breast surgeon, Dr. Juturi evaluated tumor as a stage 3A breast cancer.
    She stated in her last report that my prognosis are not very good.

    If you can help, please, get in touch with me at your early convenience. Sincerely, Olga.

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