Doctor to pay $1.3M for patient's cancer following jury trial

A Pennsylvania Jury has determined that a gynecologist is responsible for paying for a patient’s cancer after failing to order an ultrasound.

In January of 2016, Charles Marks, a gynecologist at WellsSpan OB/GYN evaluated Chasidy Plunkard, during an appointment after an ultrasound found a complex cyst on her right ovary. Plunkard had experienced irregular bleeding, which was consistent with a thickened endometrial lining which was also revealed by the ultrasound. During Marks’ exam, he performed an endometrial biopsy in order to rule out uterine cancer. According to Plunkard, Marks did nothing about the cyst he also found on the ultrasound. He allegedly failed to document the cyst in his office notes and did not order a repeat ultrasound to reassest the complex cyst. Punkard was advised that she did not need to return to the office.

Over the next few months Plunkard saw multiple providers for various other complaints. In March, 2017 she underwent exploratory laparoscopic surgery and the removal of her gallbladder. During that surgery, Plunkard was found to have was diagnosed with Stage IVB metastatic cancer, suspected to be of gynecologic origin, throughout her abdomen.

Plunkard claimed that her cancer diagnosis was delayed due to the negligence of her gynecologist. She sued Marks and his practice, alleging that he failed in his standard of care and that his failure constituted medical malpractice. Plunkard claimed that Marks’ failure to appropriately evaluate and follow up on the cyst resulted in a 14-month delay in the diagnosis of the plaintiff’s ovarian cancer. The defense claimed that the gynecologist appropriately evaluated the plaintiff, given the patient’s age, benign personal and family history and her complete resolution of pelvic symptoms. The jury found that the gynecologist was negligent and his negligence was a factual cause of harm and awarded Plunkard $1,335,000.

PropertyCasualty360.com sister publication the Insurance Coverage Law Center noted that while there is no federal law requiring doctors to carry medical malpractice insurance, some state laws and workplace policies do require doctors to have an insurance policy. If this doctor did have a malpractice insurance policy in place at the time of this injury, at least part of the jury demand would likely be paid by the insurer.

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