Failure To Excise Basil Cell Carcinoma $725,000
Injuries: Loss of eye, facial disfigurement
Court/case #: Withheld
Amount of settlement: $725,000
Case Summary:
The plaintiff underwent surgery performed by the defendant to excise basal cell carcinoma of plaintiff's right glabella and the medial canthal area of his right eye. This surgery was performed with frozen section control. The pathology report associated with this surgery (and independent review of the pathology slides) indicated that the basal cell carcinoma extended to the deep margin. The defendant, however, negligently failed to take appropriate action to resect the cancer at this level. The defendant's records made it abundantly clear that he did not appreciate the significance of the positive deep margin. Post-operatively, the defendant's plan was to simply follow the plaintiff with yearly CT scans. The defendant moved out of state, and the plaintiff was then lost to follow up.
Approximately four years later, the plaintiff was seen by another physician due to some swelling of the forehead and left eye area. An open biopsy was performed which was consistent with a persistent basal cell carcinoma. The plaintiff's care was then transferred to the Massachusetts Eye and Ear Infirmary where he underwent an extensive resection.
The operating surgeon agreed to act as the plaintiff's chief expert and the case was settled prior to depositions.
