NY county case – We represented an internist in a claim alleging failure to timely diagnose a meningioma. Plaintiff presented with complaints of daily headaches for 2 months with nausea, an episode of vomiting and blurred vision. Our doctor performed an evaluation and diagnosed her with a chronic daily headache. He prescribed a medication and gave plaintiff a referral to see a neurologist in a week if she wasn’t feeling better. Plaintiff never followed through and never returned to our doctor. 2 months later she was diagnosed with a meningioma, a benign brain tumor. She underwent craniotomy and alleged peripheral vision loss. Plaintiff alleged our doctor failed to take an adequate history, failed to consider a brain tumor as the cause, failed to order imaging and never told her to see a neurologist.
We argued that he took an appropriate history, performed an appropriate evaluation including fundoscopic exam. We argued that although he considered a tumor it was very low on the differential. He maintained that he provided her with a referral.
Jury found in our favor.