Breast Cancer Detected Too Late
Posted on Aug 10, 2010 9:40am PDT
As reported by the Nevada Daily for Winchester, George Leonard Pierce Sr., of Frederick County, is laying blame on a city medical firm for not diagnosing his deceased wife's cancer early enough to save her life.
He is seeking 2.5 million in damages against Amherst Family Practice for wrongful death and medical malpractice. The charges have been filed in Winchester Circuit Court.
Represented by attorney Wayne M. Masulla, Pierce is the administrator of his wife's estate, Agnes Louis Pierce, who died on January 25, 2009 at the age of 58.
The decedent was treated for primary care at Amherst from February 10, 1985 through to July 7, 2007. In her twenty-two years of care she was never once referred for a mammogram or had one performed at the facility.
The plaintiff stated in the complaint that Mrs. Pierce was seen on December 19, 2001 for resistant sinusitis. She was then seen again in October of 2006 for pressure and sharp pain under her right rib cage that is normally associated with heartburn and nausea. She was given treatment for the sinusitis at the medical practice on November 28, 2006.
The complaint reads, "No health maintenance issues were addressed at this visit and she was not offered a mammogram, even though she was now 55 years old and there is no documented breast screening efforts noted in the medical records."
After complaining of right shoulder pain on April 2, 2007, and deemed "normal," Mrs. Pierce was treated with Naprosyn. On May 15, 2007 she was diagnosed with scapular pain and bursitis in the right shoulder. She was reportedly improving on July 2, 2007 and received a Kenalog injection to her shoulder.
In seeking pain relief for her neck, Mrs. Pierce visited the Winchester Medical Center emergency room on November 18, 2007. X-rays showed a "destructive lesion of the 5th cervical vertebra" which was confirmed with both a CT scan and an MRI.
The complaint states, "She was also noted to have a large mass in the right breast, which was thought to be the primary malignancy. Mammography done on Nov. 19, 2007, was confirmatory for metastic breast cancer."
Physician's assistants identified in the complaint, along with their employer at Amherst, are Jennifer R. Miller, Niola Ghalif and Elizabeth Hemsley. The complaint has one count of medical malpractice and wrongful death against each of the four defendants.
Mr. Pierce claims that all of the defendants share equally in the negligence that led to his wife's untimely death. The medical malpractice counts are due to each defendant's breach of the standards of care by failing to arrange, or conduct, routine health maintenance. When Mrs. Pierce complained of a mass in per breast and armpit, Mr. Pierce contends that care such as pap smears, colonoscopies, mammograms, breast exams or ultrasounds were not performed.
Mr. Pierce's deceased wife suffered from the expenses for medical care, treatment, loss of income, great physical pain, mental anguish, suffering, loss of life's enjoyment among other injuries and damages.
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