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
- 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.
- 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.
- 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.
- 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.