$3 Million Medical Malpractice Settlement for Failure to Follow Up on Ovarian Cyst
Failure to Follow Up on a Complex Ovarian Cyst
After experiencing unusual pelvic pain, our client consulted with her doctor, who recommended an ultrasound examination. During that diagnostic test, the radiologist identified a complex ovarian cyst and recommended that follow-up scans be performed in the following months to evaluate the cyst further. However, the doctor allegedly never ordered another test and never told the patient about the cyst.
As a result, a cyst that likely could have been treated if caught early developed into ovarian cancer that was essentially incurable. The cancer spread to the patient’s lymph nodes and organs. Chemotherapy and surgeries were required in an effort to slow the progress of this devastating disease.
The lawsuit was originally filed on behalf of this courageous woman. Later, another claim was added on behalf of her same-sex partner for loss of consortium. Sexner Injury Lawyers LLC ultimately reached a $3,000,000 settlement with the medical providers. The original result page described the settlement as one of the largest settlements ever for a same-sex civil union couple in Illinois.
Why Follow-Up After an Abnormal Test Result Matters
When people talk about a lack of follow-through in medical care, they sometimes assume the patient failed to do something. Doctors may remind patients to schedule annual appointments, take medication, or return to review blood work. Patients can forget because everyday life gets in the way.
But this case involved a different issue: a medical provider allegedly failed to act after an abnormal diagnostic finding. Patients usually do not know whether an ultrasound, CT scan, MRI, mammogram, biopsy, blood test, or other result is routine unless the medical office communicates that information clearly and promptly.
When a provider orders a test, receives an abnormal result, and fails to communicate it or arrange appropriate follow-up, the patient’s health may be placed in serious danger. Depending on the facts, that type of failure may support a medical malpractice claim.
Ovarian Cysts, Ultrasounds, and Follow-Up Care
MedlinePlus explains that an ovarian cyst is a fluid-filled sac that forms on or inside an ovary. Some ovarian cysts are functional cysts that occur as part of the menstrual cycle and resolve without major treatment. Other cysts require closer evaluation, especially when they are complex, persistent, symptomatic, increasing in size, or present in a patient near or past menopause.
Ultrasound is often used to detect an ovarian cyst. MedlinePlus notes that a provider may want to check the patient again in 6 to 8 weeks to see whether the cyst has gone away. It also explains that additional tests may include CT scans, Doppler flow studies, MRI, and certain blood tests such as CA-125 when there is an abnormal ultrasound or other concern.
The legal issue in a case like this is not whether every ovarian cyst is dangerous. Many are not. The issue is whether the medical provider recognized the specific finding, communicated it to the patient, followed the radiologist’s recommendation, ordered appropriate follow-up, and acted within the accepted medical standard of care.
Delayed Diagnosis of Ovarian Cancer
Ovarian cancer can be difficult to detect because symptoms may be vague or overlap with other conditions. According to the National Cancer Institute, signs and symptoms of ovarian, fallopian tube, or primary peritoneal cancer may include pain or swelling in the abdomen, urinary urgency or frequency, difficulty eating or feeling full, a pelvic-area lump, and gastrointestinal problems such as gas, bloating, or constipation.
When cancer is not diagnosed until after it has spread, the patient may face more aggressive treatment, fewer options, and a worse prognosis. In this case, the alleged failure to follow up on the complex cyst allowed the condition to progress before the patient received the care she needed.
Delayed cancer diagnosis cases often require detailed review of office notes, imaging reports, radiology recommendations, patient communications, referral records, later oncology records, pathology reports, operative reports, chemotherapy records, and expert opinions. The timeline matters because the central question is often whether earlier follow-up would likely have changed the patient’s treatment options or outcome.
Failure to Communicate Test Results
Patients have the right to expect that important medical findings will be reviewed, interpreted, communicated, and acted upon. When a doctor, clinic, imaging center, or hospital receives abnormal results, a safe medical system should have procedures to make sure those results do not get overlooked.
A potential misdiagnosis or delayed diagnosis claim may involve:
- Failure to review an abnormal test result
- Failure to tell the patient about a concerning finding
- Failure to order recommended follow-up imaging
- Failure to refer the patient to a specialist
- Failure to document or track pending test results
- Failure to act when symptoms continue or worsen
- Failure to explain why a recommended test or procedure was not performed
Legal Help After a Failure to Follow Up on Medical Results
A missed follow-up opportunity can have devastating consequences when the overlooked finding involves cancer, blood clots, infection, internal bleeding, heart disease, stroke symptoms, abnormal imaging, or another serious condition. These cases often depend on records, timelines, expert medical review, and proof that earlier action would likely have made a meaningful difference.
Since 1990, Sexner Injury Lawyers LLC has represented patients and families in serious medical negligence cases in Chicago and throughout Illinois. If you believe a doctor, surgeon, radiologist, clinic, or hospital failed to follow up on an abnormal test result and you suffered harm, contact us for a free case evaluation at (312) 243-9922 or contact us online.
