NBCSanDiego.com reports that a skin cancer patient was recently awarded $5.7 million in a failure to diagnose case:
A Superior Court jury awarded $5.7 million in damages to a bedridden man who claimed a doctor failed to diagnose his skin cancer.
The verdict is the largest medical-malpractice award in California this year, but will be cut to $1.9 million under a state statute limiting damages in malpractice suits.
Regis M. Reilly, 53, claimed dermatologist Dr. James C. Powers failed to biopsy a cyst that later metastasized into cancer. Reilly has a family history of skin cancer.
I wanted my clients to hear someone say that what they went through had real value,” said Reilly’s attorney, N. Denise Asher.
The award included $3 million in general damages for Reilly’s wife to compensate for the negative impact on the couple’s marriage. Reilly won another $1.6 million for his own mental pain and suffering and $1.1 million for lost income.
Powers’ attorney, Nancy Vaughan, could not immediately be reached for comment.
Reilly went through several surgeries to remove the cancer and is now confined to his home where he receives 24-hour care.
The verdict exceeded a $5.3 million settlement in a malpractice case, also in San Diego, involving a brain-damaged infant and a $556,900 award in another misdiagnosis case.
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.